Neutral Citation No. - 2025:AHC:93401-DB Court No. - 45 Case :- CRIMINAL APPEAL No. - 3312 of 2025 Appellant :- Krishna Pal Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Aman Kumar Counsel for Respondent :- G.A. Hon'ble Saumitra Dayal Singh,J. Hon'ble Sandeep Jain,J. 1. Heard Sri Aman Kumar learned counsel for the appellant and Sri Vikas Goswami, learned AGA for the State. 2. The present appeal has been preferred by the convicted accused Krishnapal against impugned judgement and order dated 23.02.2022 passed by Sri Ram Dayal, Special Judge (POCSO Act)/Additional Sessions Judge, Bareilly in Criminal Case No.303 of 2020 (State of U.P. Vs. Krishna Pal & another) arising out of case crime No.436 of 2018, under Section 376-D, 506 I.P.C. and 4 POCSO Act, P.S. Nawabganj, District Bareilly whereby the accused-appellant has been convicted under Section 376-D I.P.C. and sentenced to suffer life imprisonment along with fine of Rs.1 lacs, in default to deposit fine, to undergo further imprisonment of six months and under Section 506(2) IPC, sentenced to suffer imprisonment of five years along with fine of Rs.7,000/-, in default to deposit fine, to undergo further imprisonment of one month. These sentences have been ordered to run concurrently. 3. Earlier the co-accused Ram Kishor @ Ram Kishan filed Criminal Appeal No.2289 of 2022 against the judgement and order dated 23.02.2022 impugned in this appeal. The present appellant Krishna Pal did not join Ram Kishor in that appeal and also he did not file his separate appeal at that time. 4. In such circumstances, the appeal filed by the co-accused Ram Kishor @ Ram Kishan came to be decided by the judgement and order dated 14.11.2024 passed by the co-ordinate Bench of this Court. The co-accused Ram Kishor @ Ram Kishan was acquitted on a benefit of doubt. 5. The present appellant who had been convicted alongwith Ram Kishor @ Ram Kishan was in jail during trial. Learned counsel for the appellant states that the appellant has remained confined for more than six years and six months. It is additionally stated that the appellant could not file this appeal earlier for the reason of financial difficulty. After he could make arrangement for necessary expenses to be borne in the filing of this appeal, he has approached this Court on 09.04.2025. 6. Though, delay has not been reported for reason not known, it remains a fact that the co-accused who was charged with the exact same offence under Section 376-D in the exact same circumstances and on exact same evidence, has been acquitted by the order passed by the Co-ordinate Bench of this Court. 7. Therefore, it has been prayed that the present appeal may also be allowed and the order of conviction made against the present appellant may be set aside on the principle stare decisis. 8. On the other hand learned AGA would submit otherwise. However, it could not be established by the State that the material allegations charge framed against the present appellant are the same as existed against the co-accused Ram Kishor @ Ram Kishan. It is also not disputed that those allegations emerged in exact same facts, evidence and circumstances. The transaction remained one. 9. In the above facts, by our last order, we required the State to obtain instructions, if the judgement and order passed by the Co- ordinate Bench has been appealed against. Six months have passed since the judement was pronounced by the Co-ordinate Bench. 10. Sri Vikas Goswami, learned AGA states that upon enquiry it has been revealed that no appeal has been preferred against the judgement and order passed by the Co-ordinate Bench of this Court in Criminal Appeal No.2289 of 2022. 11. In view of the statement made, we find that the order passed by the Co-ordinate Bench has attained finality. 12. In view of the finality attained by the order passed by the Co- ordinate Bench and further in the peculiar facts and circumstance that the fact allegations made against the present appellant are one and the same as they arose against the co-accused Ram Kishor @ Ram Kishan, we find no good reason to take another view in the peculiar facts of the present case. Accordingly, this criminal appeal is allowed. 13. The judgment and impugned order dated 23.02.2022 passed in Criminal Case No.303 of 2020 (State of U.P. Vs. Krishna Pal & another) arising out of case crime No.436 of 2018, under Section 376-D, 506 I.P.C. and 4 POCSO Act, P.S. Nawabganj, District Bareilly is hereby set aside. The accused-appellant is acquitted of the charges framed against him. 14. The appellant who is in jail, shall be released forthwith, if not wanted in any other case. His bail-bonds are discharged. 15. Let the trial court record along with a copy of this order be transmitted to the court concerned through Registrar (Compliance) forthwith and a copy of this order may also be sent to the jail authorities for necessary compliance. 16. The trial court is directed to submit the compliance report, within a month. 17. Needless to say that if any appeal is filed against the main order by the State, same fate may visit the present appellant. Order Date :- 30.5.2025 Himanshu (Sandeep Jain, J.) (S.D. Singh, J.) Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad