Shree Chandra Vishwakarma vs State of U.P.

Shri Kant Tripathi, J.—Heard the learned Counsel for the Appellant and the learned A.G.A. for the State and perused the judgment and order dated 15.03.2008 passed by Additional Sessions Judge, Court No. 3, Fatehpur in S.T. Nos. 143, 143-A and 144 all of the year 2001.

Admit.

Summon the lower court record.

Learned Counsel for the Appellant submitted that the learned trial court has acquitted the Appellant u/s 376 I.P.C. on the ground that the prosecutrix was a consenting party. Learned Counsel for the Appellant further submitted that according to the medical evidence the prosecutrix was more than 18 years on the date of occurrence and she remained in the company of the Appellant for about 18 days, therefore, she was a consenting party with regard to the offence u/s 366 I.P.C. also. The offence u/s 363 was not made out in view of the fact that the prosecutrix had become major. It was also submitted that the prosecutrix changed her attitude and gave statement against the Appellant due to pressure of her family members. Moreso, the Appellant is in jail from 15.03.2008 (date of the judgment of the trial court) and had been in jail for more than one and a half year as under trial, therefore, he has already served out five years against the sentence of seven years. It was further contended that in case the Appellant is not released on bail, the appeal would, in due course, become infructuous as there is No. prospect of the appeal being heard in near future due to heavy dockets.

In my opinion, prima facie, the aforesaid submissions of the learned Counsel for the applicants 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 submission of the learned Counsel for the Appellant and the learned A.G.A., the Appellant Shree Chandra Vishwakarma, who has been convicted and sentenced in the aforesaid sessions trial, is released on bail, during the pendency of the appeal, on his furnishing a personal bonds and two sureties each in the like amount to the satisfaction of the court concerned.

The realization of half of the fine shall remain stayed during pendency of the appeal, provided the Appellant deposit half of the fine within one month.

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

Let the paper books be prepared.

List the appeal for hearing in due course.