Manoj vs State of U.P.

Heard learned Counsel for the appellants and the learned A.G.A. and perused the judgment and order.

It is argued by the learned Counsel for the appellants that the appellants have been convicted and sentenced u/s 363 IPC to undergo six years rigorous imprisonment and imprisonment for life u/s 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act with fine. It was further argued that the age of the victim was found more than 18 years on medical examination. It was also submitted that the victim was found involved in the love affairs with the appellant Amit @ Monu and, therefore, had gone voluntarily with him to different places. She made no charge that she was ever raped in consciousness and therefore, no case under Sections 363/366 IPC read with Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act is made out against the appellants.

Keeping in view the entire facts and circumstances of the case and submissions of the learned Counsel for the appellants and the learned AGA, the appellants Manoj and Amit @ Monu involved in the session trial No. 147/2007 arising out case crime No. 411 of 2007, police station Bhogaon district Mainpuri are released on bail during the pendency of the appeal, on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

The realisation of half of the fine shall remain stayed during pendency of the appeal, provided each of the appellants deposit Rs. 10,000/- within one month.

On acceptance of bail bonds and personal bonds, the lower court shall transmit photo state copies thereof to this Court for being kept on the record of this appeal.

List the appeal alongwith connected appeal for final hearing in due course.