Rafeeq vs State of U.P.

Heard learned Counsel for the appellant and the learned Additional Government Advocate on the prayer for bail in pending appeal

This criminal appeal has been preferred by appellant-Rafeeq against judgment and order dated 09.06.2009 passed by the Special Judge, SC/ST Act, Gonda in Special Sessions Trial No. 61 of 2005 whereby the appellant has been convicted u/s 376 IPC read with Section 3(I)(XII) SC/ST Act and has been sentenced for maximum term of life imprisonment with fine stipulation.

We have gone through the judgment and record of lower court, including statement of the prosecutrix and her medical examination report where she has been shown to be seventeen years of age; and in her medical examination, the prosecutrix has specifically stated that she was subjected to rape by the present appellant with the aid of Chandraprakash, who had also committed rape on her.

Argument advanced by the learned Counsel for the appellant is that on the basis of same evidence Chandraprakash, who had also committed rape on the prosecutrix, has been acquitted and benefit of the same may also be given to the appellant.

We do not agree with the argument advanced by the learned Counsel for the appellant because wrong acquittal of Chandraprakash will not entitle the appellant to be released on bail and prima-facie we find that medical examination report of the prosecutrix supports the prosecution case.

In view of the above, prayer for bail of appellant-Rafeeq is hereby rejected.