Court No. - 29 Case :- CRIMINAL APPEAL No. - 2125 of 2010 Petitioner :- Ashutosh Nigam @ Anhu Respondent :- State Of U.P. Petitioner Counsel :- O.P. Tewari,Sachin Shukla Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Admit.
Summon the lower court record and list for hearing.
Order Date :- 12.8.2010
Kan
Court No. – 29
Case :- CRIMINAL APPEAL No. – 2125 of 2010
Petitioner :- Ashutosh Nigam @ Anhu
Respondent :- State Of U.P.
Petitioner Counsel :- O.P. Tewari,Sachin Shukla
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 as under :
(1) under Section 363 I.P.C. – Three years R.I. with a fine of
Rs. 1000/-
(2) under Section 366 I.P.C. – Four years R.I. with a fine of
Rs. 1000/-
(3) under Section 376 I.P.C. – Seven years R.I. with a fine of
Rs. 3000/-
Submission of the learned counsel for the appellant is that
according to medical report, the age of the prosecutrix is
about 17 years and she had gone with the appellant to
Jhansi. It is further submitted by the learned counsel that the
trial court erred in appreciating the evidence on record.
Learned counsel also submits that the statement of the
prosecutrix recorded under Section 164 Cr.P.C. has not
been considered by the trial court. It is also submitted 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.
On acceptance of bail bonds and personal bond, the lower
court shall transmit photo stat copies thereof to this court for
being kept on the record of this appeal.
Order Date :- 12.8.2010
Kan