Baljit vs State of U.P.

Barkat Ali Zaidi, J.—Appellantaccused Baljit has come to this Court in appeal. He was tried (In S.T. No. 878 of 1998), arising out of case Crime No. 22 of 1998, P.S. Chaprauli, Baghpat on a charge under Section 376 I.P.C. by Additional Sessions Judge, Fast Track Court No. 2, Meerut who vide judgment and order dated 15122004, found him guilty and sentenced him to undergo 10 years R.I. plus fine Rs. 2,000.

Heard Dr. Abida Syed, amicus curiae for the accused appellant and Sri R.K. Shukla, Additional Government Advocate for the State.

The accused is charged under Section 376 I.P.C. on the allegation that he indulged in forcible sexual intercourse with Km. Mamta aged 7 years, on 1321998 around 7.00 p.m. in village Saurabh, P.S. Shahpur District Meerut.

Dr. Abida Syed, amicus curiae, during the course of hearing and at its fag end, on basis of record, submitted that she does not consider it appropriate, to place the case any more on merits, particularly in view of the fact that the accused has spent more than 9 years in jail. Her submission, therefore, is that the accusedappellant be let off, awarding him the sentence already undergone by him.

After perusing the file, I am inclined to fall in line, with the amicus curiae and the view that the accusedappellant may now be released on sentence already undergone, this seems to be proper in the circumstances of the case.

The appeal is allowed to the extent, that the accused is released, on the sentence already undergone. He be sent at liberty forthwith.

Copy of this order be sent by the office immediately through fax and posthaste of Chief Judicial Magistrate, Meerut for information and compliance.

Since Dr. Abida Syed has been appointed an amicus curiae. The fee of the amicus curiae is fixed as rupees seven thousand five hundred.