Court No. - 29 Case :- CRIMINAL APPEAL No. - 1820 of 2010 Petitioner :- Rahul Respondent :- State Of U.P. Petitioner Counsel :- Ashok Kumar Singh-I Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the appellant and learned A.G.A. on the
prayer for bail and for suspending the execution of the sentence under
appeal and also perused the record.
The appellant has been convicted and sentenced under section 376
I.P.C. with 10 year R.I. and fine of Rs.5000/-.
It is submitted by learned counsel for the appellant that, initially, the first
inforamtion report was lodged under section 354 I.P.C. but subsequently
the case was tried under sections 376, 354, 342 I.P.C. It is submitted
that no sign of rape was seen, according to the medical report and the
doctor(P.W.4), who had examined the prosecutrix, in his statement
adduced before the court had stated that the prosecutrix could be of 18
years of age. It is also submitted that the medical report reveals that the
prosecutrix was habitual of sexual intercourse as hymen was found old,
torn, and healed. It is further contended that during the trial the
appellant was on bail which he never misused. This appeal may take a
couple of years or even more in its final disposal whereas the speedy
justice is a fundamental right.
In view of the above, the execution of the sentence including sentence
of fine under appeal shall remain suspended till the final disposal of the
appeal.
Let the appellant be released on bail on his furnishing a personal bond
and two sureties each in the like amount to the satisfaction of the
Magistrate/Court concerned.
Order Date :- 3.8.2010
kvg/-