Court No. - 15
Case :- CRIMINAL APPEAL No. - 874 of 1979 Appellant :- Ramesh Respondent :- State Of U.P.
Counsel for Appellant :- Satish Trivedi,Ashish Gopal Counsel for Respondent :- A.G.A.
Hon'ble Ifaqat Ali Khan,J.
Called in revise. None is present for appellant whereas learned AGA Sri Pradeep Kumar is present for the State. As per report of District Judge, Bareilly reconstruction of the lower court is not possible and it is a very old case, therefore, its re-trial is also not possible.
Under such circumstances placing the reliance on the pronouncement of Hon'ble Supreme Court in State of U.P. Vs. Abhai Raj Singh and Another (2004) 4 (SC) Cases 6, pronouncement of Hon'ble Allahabad High Court in Babu Ram and Others Vs. State of U.P. 2016 Vol. (3) GIC Page 17 and pronouncement of Hon'ble Supreme Court Sita Ram and others Vs. State of Uttar Pradesh 1980 SCC OnLine All 531 : (1981) 7 ALR 23 : 1980 AWC 585 : 1981 Cri LJ 65. I come to this conclusion that in these peculiar circumstances this appeal deserves to be allowed.
Hence this appeal is allowed. The judgment and order dated 6.3.1979 passed by Additional Sessions Judge, VIIIth, Bareilly in ST No. 469 of 1976 under section 376 IPC, police station Quila, district Bareilly is set aside. Accused is acquitted from charge under section 376 IPC. His personal bond and bail bonds are cancelled and sureties are discharged. File be consigned.
Order Date :- 26.4.2018 SKS