In a criminal appeal regarding rape of a minor, the Patna High Court affirmed the conviction despite defense arguments regarding witness statements. The Court modified the sentence to the period already undergone and ordered the appellant's immediate release.
Sentence modified to period undergone; appellant to be released forthwith.
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.
Patna High Court CR. APP (SJ) No.151 of 2018 dt.01-05-2018
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.151 of 2018
Arising Out of PS.Case No. -182 Year- 2013 Thana -SHASTRINAGAR District- PATNA
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Kameshwar Paswan , S/o Late Dularchand Paswan, resident of Bhola Paswan, Shashtri Bhawan, Ashiyana, Digha Road, P.S. Shastri Nagar, District Patna.
.... .... Appellant/s
Versus
The State of Bihar
.... .... Respondent/s
=========================================================== Appearance :
For the Appellant/s : Mr. Tilak Sao-Advocate For the Respondent/s : Mr. Sujit Kumar Singh-A.P.P.
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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT
Date: 01-05-2018
Appellant Kameshwar Paswan has been found guilty for an offence punishable under Section 376/ 511 of the I.P.C. and sentenced to undergo R.I. for five years vide judgment of conviction and order of sentence dated 15.12.2017 passed by the Presiding Officer, Fast Track Court No.1st , Patna in Sessions Trial No.148 of 2014/ 146 of 2017.
daughter seeing whom, appellant tried to escape there from, but she along with others apprehended the appellant and locked in a room, but
Patna High Court CR. APP (SJ) No.151 of 2018 dt.01-05-2018
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appellant tried to escape through a window of the room, but at the same time, police came and apprehended the appellant.
Patna High Court CR. APP (SJ) No.151 of 2018 dt.01-05-2018
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appellant be directed to be released from the custody modifying the sentence as period already undergone.
(Aditya Kumar Trivedi, J)
Vikash/-
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| CAV DATE | N.A. |
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1 issue framed by the court
Whether the appellant's sentence should be modified and he be released as the period of sentence already undergone.
1 provisions across 1 enactments
Kameshwar Paswan
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
