Court No. - 78
Case :- CRIMINAL APPEAL No. - 1977 of 2021 Appellant :- Bilti Ram Respondent :- State of U.P.
Counsel for Appellant :- Anil Kumar Bind Counsel for Respondent :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
The present criminal appeal has been filed by the appellant, Bilti Ram against the judgment and order dated 31.03.2021 passed by Learned Additional Session Judge/POCSO Court no.1, Farrukhabad in Session Trial No. 162 of 2011 (State versus Bilti Ram and another) arising out of Case Crime No. 192 of 2011 under Section 363, 366, 376 IPC at Police Station Kamalganj, District- Farrukhabad, thereby the learned court below convicted the appellant under Section 363 IPC and further sentencing the appellant to undergo three years imprisonment, for offence under Section 366 IPC and further sentencing the appellant to undergo five years rigorous imprisonment and also imposing a fine of Rs. 5,000/- and convicted the appellant under Section 376 IPC and further sentencing the appellant to undergo seven years rigorous imprisonment and also imposing a fine of Rs. 10,000/-, in cases of default in the payment of fine to further undergo 1 year additional imprisonment, all sentences have been directed to be run concurrently.
Heard learned counsel for the appellant and learned A.G.A and perused the record.
Admit.
Summon the lower court record.
Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. In this case the F.I.R. has been lodged after a delay of three days. He further submits that victim in her statement recorded under Section 164 Cr.P.C., has clearly admitted the fact that she had gone with the appellant willingly. The counsel for the appellant further submits that according to the medical report there is no injury on the body of the victim and the age of the victim is about 17 years. He further submits that the appellant is in jail since 31.3.2021 and there is no likelihood of appeal being heard in near futher.
The prayer for bail has been vehemently opposed by learned A.G.A.
After considering the submissions made by learned counsel for the appellant, this Court is of the opinion that appellant is entitled to be released on bail.
The appellant is enlarged on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Session Trial No. 162 of 2011 arising out of Case Crime No. 192 of 2011, under Sections 363, 366, 376 IPC, Police Station- Kamalganj, District- Farrukhabad subject to deposit of whole of the amount imposed on him at the time of submission on the record of this appeal.
List this appeal for hearing in due course.
Order Date :- 19.5.2021 Aditya Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.05.19 16:35:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad