Court No. - 52
Case :- CRIMINAL APPEAL No. - 6799 of 2018 Appellant :- Phoolchandra Pasi Respondent :- State Of U.P.
Counsel for Appellant :- Mohit Singh Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant and the learned A.G.A. for the State and perused the impugned judgment and order.
Admit.
Issue notice to opposite party no.2. Summon the lower Court record.
Submission of the counsel for the appellant is that the appellant is wholly innocent and the prosecution utterly failed to prove its case beyond reasonable doubt against the appellant. The prosecution version is that the appellant had called the victim aged about 8 years in his house and then outraged her modesty. It is also stated that force was also used by the appellant, however, the prosecutrix did not receive even a single scratch on her body. It is further submitted that the prosecutrix PW-1 in her statement has gone to the extent of making an improvement during trial that the appellant had also raped her. However, this version of prosecutrix was disbelieved by the trial court and the conviction has been recorded under Section 8 of the POCSO Act. The appellant was on bail during trial, which liberty was never misused by him. There is no early prospect of conclusion of trial. The appellant, who is in jail since 02.04.2018 having no criminal antecedents to his credit, deserves to be enlarged on bail during pendency of the appeal.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the appellant but could not dispute the aforesaid submissions made by learned counsel for the appellant.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone and the unlikelihood of early conclusion of appeal, this Court is of the view that the appellant may be enlarged on bail.
Let the appellant- Phoolchandra Pasi convicted and sentenced in S.T. No.104 of 2009 (State of UP Vs. Phoolchandra Pasi), arising out of Case Crime No. 165 of 2003, under section 25 of Arms Act, Police Station- Punchh, District- Jhansi, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that the appellant shall be released from jail only after he deposits the fine imposed by the trial court. The amount of compensation as awarded by the court below shall be paid to the victim after due verification.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
List this appeal in due course.
Order Date :- 26.11.2018/ Vikas