Raj Kishore vs State of U.P.

Kant Tripathi, J.—Heard learned Counsel for the Appellant and the learned A.G.A. and perused the impugned judgment and order dated 13.9.2011, rendered by the Additional Sessions Judge, Court No. 4, Farrukhabad, in session trial No. 278/2009 State v. Raj Kishore, whereby the Appellant has been convicted and sentenced under Sections 363, 366 and 376 Indian Penal Code.

Admit.

Summon the lower court record.

Learned Counsel for the Appellant submitted that the learned trial court believed the school record entry and held the prosicutrix as a minor where as on the basis of medical report she was aged about 18 years. It was next submitted that the prosecutrix remained in the company of the Appellant for about two years and had also become pregnant, therefore, she was a consenting party. It was next submitted that due to pressure of family members, she supported the prosecution story during the trial. It was next submitted that the maximum sentence imposed on the Appellant is of seven years imprisonment and he is in jail from 21.7.2009, therefore, if he is not released on bail, the appeal would, in due course, become infructuous as there is no hope of an early hearing of the appeal due to heavy dockets.

In my opinion, prima facie, the aforesaid submissions of the learned Counsel for the Appellant have substance, therefore, it is just and expedient to exercise the discretion in favour of the Appellant.

Keeping in view the entire facts and circumstances of the case and submissions of the learned Counsel for the Appellant and the learned AGA, the Appellant Raj Kishore is released on bail, during the pendency of the appeal, on his 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 the Appellant deposits half of the fine within one month.

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

Let the paper books be prepared. List the appeal for final hearing in due course.