Anil Kumar Srivastava, J. - (1.) Instant appeal has arisen against the judgment and order dated 25.8.2014, passed by learned Additional Sessions Judge/ Special Judge (Anti Corruption), Lucknow in Session Trial No.214 of 2014 arising out of the Case Crime No.293 of 2013, Police Station Mahanagar, District Lucknow whereby the learned trial court was convicted and sentenced the accused-appellant under Section 326B IPC for seven years rigorous imprisonment and fine of Rs.1,00,000/- with default stipulation of one year simple imprisonment.
(2.) According to the prosecution version, first information report was lodged by complainant Pooja Bhatia on 6.8.2013 at 12.25 at Police Station Mahanagar, District Lucknow, which was registered at Case Crime No.293 of 2013, under Sections 342, 326B, 506 IPC stating that on 6.8.2013 at about 7.30AM, she went to the Hanuman Temple for Darshan along with her brother and one family friend. When she was returning to her car, which was parked on the back of Hanuman Temple, one person came on a bike and threw acid upon her. It was sprinkled at number of places but she was saved. Assailant was the accused- Vishnu Narayan Shivpuri who is a resident of Lucknow. He was blackmailing and mentally torturing her for the last about five years and putting a false claim that the complainant is his wife. The burnt T-shirt along with written report was brought to the police station. After lodging the first information report, investigation was handed over to S.I. Santosh Kumar Tiwari. Complainant was medically examined on 6.8.2013 at about 2.30 PM at BRD Hospital, Mahanagar, Lucknow wherein no external mark of injury was found on her body. Burnt T.Shirt was taken into custody by the Constable Gyan Singh of Police Station Mahanagar.
(3.) During investigation, investigating officer prepared the site plan. T.shirt was sent for Forensic Science Laboratory wherein smell of Sulphuric Acid was found.;