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Allahabad HC hears State's appeal against acquittal in alleged rape, criminal conspiracy, and intimidation case

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made
Published
Case
State Of U.P. Thru. Addl. Chief Secy. ... vs Munna @ Sunil Kumar And Another
Bench
Pramod Kumar Srivastava, J.
Decided
Bottom Line Up Front (BLUF)

In State Of U.P. Thru. Addl. Chief Secy. ... vs Munna @ Sunil Kumar And Another, the Allahabad High Court on 2026-10-15 heard an appeal by the State against the acquittal of the accused in a case involving alleged offences under Sections 376, 120B, 506, and 313 of the IPC. The case stemmed from a complaint of sexual exploitation under false promise of marriage.

Ratio Decidendi · Legal Principle Established

The ratio decidendi is not explicitly stated in the provided text, as the excerpt only describes the initiation of the appeal proceedings and the factual background of the case.

Practice & Procedural Impact for Advocates

Advocates should note that appeals against acquittals are permissible under the CrPC/BNSS. Litigants should be aware that the State can challenge an acquittal, potentially leading to a re-evaluation of the evidence presented at trial.

Key Legal Takeaways

  • 1The State of U.P. filed an appeal against an acquittal in a sessions trial.
  • 2The original case involved charges under IPC Sections 376, 120B, 506, and 313.
  • 3The complainant alleged sexual exploitation under a false promise of marriage and threats.

The Legal Issue This case concerns an appeal filed by the State of Uttar Pradesh against a judgment and order dated April 20, 2022, passed by the Additional Sessions Judge, Court No. 9, Lucknow. The Sessions Judge had acquitted the accused, Munna @ Sunil Kumar, in Sessions Trial No. 38 of 2014, arising from Case Crime No. 240 of 2013. The original charges against the accused were under Sections 376 (rape), 120B (criminal conspiracy), 506 (criminal intimidation), and 313 (causing miscarriage without woman's consent) of the Indian Penal Code, 1860.

Court's Reasoning The provided excerpt details the factual background of the case as presented in the initial complaint. The complainant/victim filed a tahrir on June 8, 2013, alleging that the accused, Munna, had promised her marriage and subsequently resided with her for approximately two years, during which he sexually exploited her. The complainant further stated that she was appointed as a Safaiwali in Ambedkar Park, Lucknow, and the accused lived with her in a room there. She alleged that the accused repeatedly assured her of marriage but later fixed his marriage elsewhere. Upon her objection, the accused and his relatives allegedly threatened her, stating she would lose her job if she did not comply. The court's reasoning for the appeal itself is not detailed in this excerpt, as it primarily outlines the grounds for the State's appeal against the acquittal.

What Follows The Allahabad High Court, through Hon'ble Pramod Kumar Srivastava, J., heard the learned A.G.A. in this appeal. The appeal will now proceed to a full hearing where the High Court will review the judgment and order of acquittal passed by the Additional Sessions Judge. The outcome will determine whether the acquittal is upheld or set aside, potentially leading to a retrial or conviction of the accused.

Read the full judgment