Court No. - 75
Case :- CRIMINAL APPEAL No. - 1593 of 2020 Appellant :- Aabad Respondent :- State of U.P.
Counsel for Appellant :- Sachchida Nand Tiwari Counsel for Respondent :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for appellant as well as learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the appellant that in this case the appellant has been convicted and sentenced u/s 376 (2) (i) of IPC for a period of 10 years rigorous imprisonment with fine of Rs. 25,000/- and u/s 3/4 POCSO Act for a period of 10 years rigorous imprisonment with fine of Rs. 25,000/-.
It is further submitted that the appellant is innocent and has been falsely implicated in the present case. It has been alleged that the appellant has dragged the victim to the field of millet and committed rape with her where the victim was found unconscious and thereafter, she was sent to the hospital. But, during medical examination no any injury was found on the person of the victim at all whereas medical examination was done promptly. No any sperm was found in forensic laboratory report and the doctor has opined that there was bleeding at the time of examination (probably menstrual blood) and besides this, no any injury was found on the private part of the victim. It is further submitted that there was enmity between the informant and the appellant. It is further submitted that the P.W.-3 (Aunt of the victim) has stated before the trial court that there was quarrel and marpeet between the mother of the victim and the mother of the appellant. They usually used to quarrel. The mother of victim threatened to the mother of the appellant "Maza chakha denge", and this was the reason that the victim implicated the appellant in the present false case. There is no other evidence on record to show the complicity of the appellant in the commission of the offence. The learned trial court did not consider these facts while convicting the appellant and sentenced him only on the basis of conjectures and surmises. Appellant has been languishing in jail since 24.08.2016. There is no likelihood of hearing of appeal in near future but it will take some time for final disposal, therefore, the appellant is entitled for bail. .
Learned A.G.A. opposed the prayer for bail and supported the trial court's judgement.
Considering the facts and circumstances of the case in particular the nature of evidence adduced by the parties; without further commenting on merit of the case, I am inclined to release the appellant on bail.
Let appellant Aabad convicted and sentenced in Special Session Trial No. 60 of 2016 arising out of Case Crime No. 319 of 2016, under Section 376(2)(i) IPC & Section 3/4 POCSO Act, P.S. Babugarh, District Hapur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The realization of half of the fine awarded to the appellant shall also remain stayed during the pendency of the appeal.
On acceptance of bail and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
The appellant would be entitled to get the benefit of this order only after depositing 50 % amount of fine.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative/counsel of the appellant (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
List the appeal in due course.
Order Date :- 17.9.2021 Nisha