In a government appeal against a judgment of acquittal in a rape case, the High Court allowed leave to appeal, finding substance in the argument regarding victim identification and medical evidence.
Leave to appeal allowed. Order to prepare paper book within 8 weeks and list for hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE AT ALLAHABAD
GOVERNMENT APPEAL No. - 267 of 2025
State of U.P.
.....Appellant(s)
Versus
Rakesh Dhobi S/O Durjan
.....Respondent(s)
Counsel for Appellant(s) : Ashutosh Kumar Sand Counsel for Respondent(s) :
Court No. - 42
HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J.
Re: Criminal Misc. Application (Leave to Appeal)
GOVA No. 267 of 2025
2
vision has distorted and she was not able to recognize the accused person whereas in court on first date she identified him. Submission, therefore, is that the impugned judgment of acquittal is liable to be reversed.
Order on Appeal
(Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) August 26, 2025
Kumar Manish
Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the judgment of acquittal in an rape case deserves leave to appeal given discrepancy in victim's identification.
1 provisions across 1 enactments
State of U.P.
Rakesh Dhobi S/O Durjan
Vivek Kumar Birla
Pramod Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
