Heard Sri A.K. Srivastava learned counsel for the appellant and the learned A.G.A.
Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No.169 of 2006 for offence under section 376 I.P.C., P.S. Bidhuna, District Auraiya and the maximum sentence awarded to him is 7 years RI.
It is submitted that on the strength of internal page no.4 of the impugned judgment, neither the date and time of the incident is fixed nor the victim was known to appellant since before, and no identification has taken place. It is further submitted that medical report also does not support charge of rape. The victim was married lady and divorcee and whole scenario of the prosecution evidence indicates that it is a case of consent. It is also submitted that the appellant had remained in jail for four and half years and maximum sentence awarded to him is 7 years R.I.
Learned AGA however endeavoured to support the judgment and refuted the arguments.
Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, I consider it appropriate to release the appellant on bail.
Let the appellant Pappu @ Anurudh Singh be enlarged on bail on his furnishing a personal bond of Rs. 2 lacs with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above session trial for above offence. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
The appellant is allowed one month time to deposit entire amount of fine awarded to him.
Order Date :- 5.1.2011 rkg