Heard Sri A.K. Verma learned counsel for the appellant and learned A.G.A.
Ground shown is sufficient. Delay in filing the appeal of 64 days is hereby condoned. Delay condonation application is allowed. Office is directed to score out defective number and allot regular number on this appeal.
Order Date :- 10.2.2011 rkg Hon'ble Vinod Prasad,J.
Heard Sri A.K. Verma learned counsel for the appellant and the learned A.G.A.
Admit.
Summon the trial court record within two weeks.
The appellant has been convicted in S.T. No.288 of 2006 for offences under sections 376, 506 I.P.C. 3 (1) (xi) and 3 (1) (xii) SC/ST Act, P.S. Bilari, District Moradabad and the maximum sentence awarded to him is 10 years RI. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently.
It is contended by learned counsel for the appellant that according to the prosecution case itself, victim did not sleep with her husband and went to sleep with present appellant. Learned counsel for the appellant submitted that conduct of the victim in absence of any medical evidence supporting charge of rape unerringly indicates that it is a case of consent. The victim is married lady and major, therefore, she is capable of giving consent, the recorded conviction of the appellant is bad in law.
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 Saleem Teli 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 Rs.5,000/- towards fine and rest of the amount of fine shall remain stayed.
Order Date :- 10.2.2011 rkg/572-09