Hon'ble Anant Kumar,J.
Counter affidavit alongwith written objection filed by the learned AGA is taken on record.
Heard learned counsel for the appellant and learned AGA for the State.
Learned counsel for the appellant submitted that the appellant and the victim were major at the time of incident and the victim with her sweet will went with the appellant alongwith her ornaments and some money. It has been argued that there is no medical corroboration of the allegation of rape.
In the FIR her age was shown 15 years, which is incorrect as per medical report her age was 18 year. Under 375 (Sixthly) of the IPC only where the age of the victim is below 16 years (as it then stood), there would be no requirement of disproving consent.
Learned AGA has opposed the prayer for bail.
Having given our thoughtful consideration to the submissions of the parties and without expressing any opinion on the merit of the case, we are of the view that the appellant has made out a case for bail.
Let the appellant Shakti Kasaudhan convicted and sentenced in ST No. 147 of 2010, arising out of case crime No. 1155 of 2010, under section 363, 366, 376 IPC, police station Padrauna, district Mahrajgan, be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.
The realization of half of the fine shall also remain stayed during the pendency of the appeal.
Order Date :- 8.9.2014 SKS