Brijesh v. State of U.P.

Court No. - 83

Case :- CRIMINAL APPEAL No. - 2189 of 2024

Appellant :- Brijesh Respondent :- State of U.P. Counsel for Appellant :- Dileep Singh Yadav Counsel for Respondent :- G.A.

Hon'ble Saurabh Srivastava,J.

Order on Application u/s 389(1) Cr.P.C

1. Heard Sri Dileep Singh Yadav, learned counsel for appellant and learned AGA for the State.

1. The instant appeal has been preferred for challenging the judgment and order dated 17.01.2024 through which appellant has been convicted under sections 366 and 376 of IPC with sentence of 7 years along with fine of Rs.25,000/-.

1. Learned counsel for appellant submitted that as per the medical report which has been proved during trial it is crystal clear that the victim was major at the time of incident and she travelled along with appellant for near about one month on different destinations but no alarm has been raised and as such the relationship developed between the appellant and the victim was with due consent of the victim but in spite of the same this fact has not been considered by learned trial court which culminated into judgment and order dated 17.01.2024.

1. Learned counsel for the appellant also submitted that there is hardly any criminal history credited in favour of the appellant and there was no case of misuse of bail extended during trial.