High Court of Judicature at Allahabad
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Vikki @ Vikrant v. State Of U.P. - CRIMINAL APPEAL No. 1966 of 2007  RD-AH 5553 (28 March 2007)
Hon'ble R.C. Deepak,J.
Hon'ble K.N. Ojha,J.
Objection filed by the State, be taken on record.
Heard Sri G.P. Dikshit, learned counsel for the appellant-accused, learned A.G.A. for the State and perused the objection and the impugned judgment.
It is contended by the learned counsel for the appellant-accused that the victim in the case is a boy aged about 3 and ½ years named Rohan. His dead body was recovered from a Shamshan Ghat. It is alleged that the appellant Vikki alias Vikrant had persuaded the victim and was going with him and both were seen by Om Veer , Dharmendra and Shekhar but there is no evidence to show that it was the appellant who strangulated the victim to death, that the prosecution witnesses Om Veer and Shekhar were interrogated by the Investigating Officer after 14 days from the recovery of the dead body, therefore, their evidence to the effect that the appellant was seen with the company of the victim does not inspire confidence.
On the other hand learned A.G.A. submits that the inquest of the deceased was prepared the same day and the prosecution witnesses Shekhar and Om Veer participated in its preparation and signed thereon, therefore, the delay in recording their statement by the Investigating Officer after 14 days does not dispute their presence.
We have considered the arguments of the learned counsel for the parties, the facts and circumstances of the case available in objection and the impugned judgment, the appeal is admitted.
For the fair and proper disposal of the bail application of the appellant-accused a perusal of the trial court record is necessarily required, therefore, office is directed to summon the trial court record within six weeks.
List this criminal appeal on 11th July, 2007.
The prayer for bail of the appellant-accused shall be considered after the receipt of the trial court record.
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