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Rajo v State of Up {2024(126) ACC 458}
The Unwavering Pursuit of Justice: A Landmark Victory by Mr. Eshan Kumar Gupta
In an extraordinary tale of resilience and justice, Mr. Eshan Kumar Gupta successfully defended a man falsely implicated in a grave charge of rape. The case, riddled with layers of deceit and malice, highlights the significance of rigorous legal representation in protecting the innocent and upholding the rule of law.
The Case: A Fight Against Injustice.
The ordeal began when a 13-year-old girl’s father lodged a rape case against our client, accusing him of a heinous act. From the outset, it was evident that the allegations were a fabrication, born out of ulterior motives. Despite the lack of credible evidence, the client was convicted by the Learned Trial Court, casting a dark shadow over his life and reputation, sentenced him for a term of 10 Years.
The Turning Point: A Battle in the High Court
Determined to prove his client’s innocence, Mr. Gupta meticulously dissected the prosecution’s case, exposing its numerous inconsistencies. Armed with unwavering conviction and an arsenal of legal precedents, he argued before the Hon’ble High Court that the trial court’s judgment was based on flawed reasoning and a misappreciation of evidence.
In this ruling, the High Court not only overturned the trial court’s conviction but also set the client free on bail, citing a miscarriage of justice. The judgment was a resounding vindication of the principle that no innocent person should suffer at the altar of falsehood.
A Landmark Judgment. The High Court’s decision has since become a cornerstone of legal discourse, being cited extensively in various law journals, including Allahabad Criminal Cases and Judicial Interpretation of Crime. It has been celebrated for its clarity on the evidentiary threshold required in cases of sexual offences and its reaffirmation of the presumption of innocence.
The Advocate Behind the Victory
This monumental victory stands as a testament to Mr. Eshan Kumar Gupta’s legal acumen and dedication. Known for his incisive arguments and meticulous preparation, Mr. Gupta’s efforts not only brought justice to his client but also contributed significantly to the development of criminal jurisprudence.
A Message of Hope
This case serves as a reminder that justice, though delayed, can be achieved through unwavering determination and skilled advocacy. For Mr. Gupta, this victory is not just a professional milestone but a reaffirmation of his commitment to protecting the rights of the innocent and upholding the principles of justice.
If you’re seeking a relentless and skilled advocate, Mr. Eshan Kumar Gupta is here to fight for your cause, no matter how challenging the circumstances.
Shailendra @ Salu versus State of UP
Breaking New Ground: Eshan Kumar Gupta Represents Landmark Case Before 3-Judge Bench of the Hon’ble High Court
In a significant development, Advocate Eshan Kumar Gupta recently presented his arguments before a specially constituted 3-Judge Bench of the Hon’ble High Court in a case poised to shape the future of procedural law. The case raises a critical legal question: When an accused is acquitted of charges under the SC/ST Act but convicted of offences under the IPC, under which provision should their appeal be filed—Section 374 of CrPC/Section 415 of Bhartiya Nagarik Suraksha Sanhita (BNSS) or Section 14A of the SC/ST Act?
The Case: A Procedural Dilemma
Shailendra @ Salu versus State of UP (CRLA/2179/2024)
The case, which has garnered attention for its far-reaching implications, focuses on resolving the jurisdictional and procedural ambiguity faced by litigants and courts alike. The unique circumstances of the case necessitated the constitution of the 3-Judge Bench to provide authoritative clarity on this issue.
Eshan Kumar Gupta: At the Helm of Legal Reform
Known for his in-depth knowledge and precise legal arguments, Mr. Gupta passionately presented his client’s case, delving into the legislative intent and the interplay between the SC/ST Act and the Code of Criminal Procedure. His submissions highlighted the potential consequences of misinterpreting procedural provisions and the need for consistency in appellate mechanisms.
The Pending Judgment: A Crucial Precedent Awaited
The judgment, still pending, is expected to have a transformative impact on the interpretation of appellate rights in cases involving both SC/ST Act and IPC offences. Legal experts and practitioners are closely following the matter, as the decision will likely address long-standing procedural uncertainties.
A Testimony to Excellence
This milestone showcases Mr. Gupta’s ability to navigate complex legal issues and represent his clients with exceptional skill and determination. Representing a case before a 3-Judge Bench is a testament to his expertise and dedication to advancing the cause of justice.
After the incorporation Of The amendment Act to the Scheduled Caste and Schedule Tribes Atrocities Act of 2018, this will be the third full bench relating to the procedural difficulty is created by the act.
Stay tuned for updates on this landmark case and the forthcoming judgment, which promises to set a precedent for years to come.