Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3495 of 2008 Petitioner :- Jitendra Respondent :- State Of U.P. Petitioner Counsel :- M.P.S. Chauhan Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellant, learned A.G.A. and perused the
lower court record.
It is contended by learned counsel for the appellant that according to the
prosecution version,the alleged incident has taken place on 9.7.2006 at 4.00
p.m. but its FIR has been lodged on 24.7.2006 at 9.30 P.M., there is no
plausible explanation of delay in lodging the FIR, according to the medical
examination report, the prosecutrix was above 18 years, no inury was found
on her person, no definite opinion about rape could be given. The appellant
was on bail during pendency of the trial, he has not misused the liberty of
bail.
Let the appellant Jitendra convicted in S.T. No. 09 of 2007 ( Case Crime No.
402 of 2006) under section 376 I.P.C., Police Station Quarsi, District
Aligarh be released on bail on his furnishing a personal bond and two heavy
sureties each in the like amount to the satisfaction of the Court concerned.
The prayer for staying the realization of fine is refused. The appellant is
directed to deposit the entire amount of fine imposed upon him by the trial
court within one month from the date of his release from the jail. In default,
the appellant shall be taken into custody.
Order Date :- 2.8.2010
Su