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![[ 1 ]
[A.F.R.]
Court No. - 49
Case :- CRIMINAL APPEAL No.-204 of 2021 (From Jail)
(Defective Appeal No.386 of 2005)
Appell...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-1-2048.jpg?cb=1669796754)
![[ 2 ]
(v) read with Section 3(1)(xii) of Scheduled Casts and Scheduled Tribes
( Prevention of Atrocities) Act, 1989 (herei...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-2-2048.jpg?cb=1669796754)
![[ 3 ]
6. The prosecution so as to bring home the charges examined six
witnesses, who are as under:-
1 Prosecutrix P.W.1
2....](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-3-2048.jpg?cb=1669796754)
![[ 4 ]
State of Maharashtra, 2006(10)SCC 92 and the judgment of High Court
of Andhra Pradesh in the case of Manne Siddaiah ...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-4-2048.jpg?cb=1669796754)
![[ 5 ]
the rape at any time. These major inconsistencies and
contradictions in the evidence of material witnesses - P.Ws. 1...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-5-2048.jpg?cb=1669796754)
![[ 6 ]
examination when large number of persons were present in
the near vicinity. It is also highly improbable that the
pr...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-6-2048.jpg?cb=1669796754)
![[ 7 ]
17. PW-1, in her ocular version, has conveyed that she dictated the FIR
while she did not go inside the police stati...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-7-2048.jpg?cb=1669796754)
![[ 8 ]
20. PW-3 is the husband who has deposed on oath that his wife was
going to the field to give lunch to his father and...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-8-2048.jpg?cb=1669796754)
![[ 9 ]
for a term of less than seven years.
(2) Whoever,—
(a) being a police officer commits rape—
(i) within the limits of...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-9-2048.jpg?cb=1669796754)
![[ 10 ]
for neglected woman or children or a widows’ home or by
any other name, which is established and maintained for the...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-10-2048.jpg?cb=1669796754)
![[ 11 ]
753. The accused has not sought benefit of Section 155(4) of Evidence
Act.
29. We venture to discuss the evidence o...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-11-2048.jpg?cb=1669796754)
![[ 12 ]
All the bony epiphyses around both elbow joints were fused. In the
supplementary report, the docotr opined that no ...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-12-2048.jpg?cb=1669796754)
![[ 13 ]
not find any sperm. The doctor categorically opined that no signs of
forcible sexual intercourse were found. This w...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-13-2048.jpg?cb=1669796754)
![[ 14 ]
from the provision of section 375 read with Section 376 of IPC.
37. The judgment relied on by the learned Amicus Cu...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-14-2048.jpg?cb=1669796754)
![[ 15 ]
belonged to community falling in the scheduled caste and the appellant
falling in upper caste the provision of SC/S...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-15-2048.jpg?cb=1669796754)
![[ 16 ]
(d) a sentence of simple imprisonment, for fine.”
“Section 434. Concurrent power of Central Government in case of
d...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-16-2048.jpg?cb=1669796754)
![[ 17 ]
through the Registrar General to place the matter before Hon'ble the Chief
Justice that periodical listing of matte...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-17-2048.jpg?cb=1669796754)
![[ 18 ]
State of U.P. to reevaluate the cases for remission after 14 years of
incarceration as per mandate of Sections 432 ...](https://image.slidesharecdn.com/vishnuhcorder-210209133415/75/Vishnu-hc-order-18-2048.jpg?cb=1669796754)