Vansraj vs State of U.P.

Hon''ble Shri Kant Tripathi, J.—Heard learned counsel for the appellant and the learned A.G.A. and perused the impugned judgment and order dated 9.12.2009, rendered by the Additional Sessions Judge, Court No. 1, Faizabad, in session trial no. 467/2008, State vs. Vanshraj, whereby the appellant has been convicted and sentenced under sections 363, 366, 376 IPC.

Learned counsel for the appellant submitted that according to the medical evidence, the prosecutrix was aged about 18 years and was, therefore, major on the date of occurrence. She travelled with the appellant upto Ludhiyana by train and remained in his company for about 14 days and during that period she did not raise any protest, alarm or any other type of resistance, therefore, from the facts and circumstances brought on record, the prosecutrix was a consenting party. She supported the story of consent in her statement u/s 164 CrPC and stated that she went with the appellant on her own, therefore, she was a consenting party but she changed her attitude and made statement during the trial due to pressure of her family members. It was next submitted that the appellant was on bail during the trial and never abused the same. and is presently in jail from 9.12.2009 and in case the appellant 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.

Learned AGA, on the other hand, submitted that according to the school record the prosecutrix was minor, therefore, the question of consent did not arise.

In reply, the learned counsel for the appellant submitted that the school record, in view of the medical evidence, ought not to be relied upon because that document had become doubtful.

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 Vansraj 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.

List the appeal for final hearing in due course.