Yahiya Khan vs State of U.P.

Hon''ble Shri Kant Tripathi, J.—Written objection filed on behalf of the State is taken on record.

Heard the learned counsel for the appellant and the learned A.G.A. for the State and perused the judgment and order dated 25.01.2011 passed by Additional Sessions Judge / Fast Track Court No. 3, Ghazipur in S.T. No. 340 of 2008 (State Vs. Yahiya Khan).

Learned counsel for the appellant submitted that according to the medical report the age of the prosecutrix was 18-20 years and there was no reasonable basis to show as to how the age was recorded in the school record. Learned counsel further submitted that the learned trial court has already acquitted the appellant u/s 363, 366 I.P.C. The prosecutrix remained in the company of the appellant for about six days and travelled with him upto Kolkata. In this view of the matter, the prosecutrix was a consenting party. It was further submitted that the appellant was on bail during the trial and never abused the same and was in jail from 25.01.2011. It was further contended that in case the appellant was not released on bail, the appeal would, in due course, become infructuous as there was 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 Yahiya Khan, is released on bail in all the offences he has been convicted and sentenced in the aforesaid sessions trial, 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.