Court No. - 26 Case :- CRIMINAL APPEAL No. - 1490 of 2009 Petitioner :- Mahesh Gupta Respondent :- State Of U.P. Petitioner Counsel :- Sushil Kumar Singh Respondent Counsel :- G.A. Hon'ble Dharam Veer Sharma,J.
Heard learned counsel for the applicant/appellant, learned A.G.A. and perused
the record.
The instant appeal has been preferred against the judgment and order dated
30.5.2009 passed by the Uppar Sessions Judge/Fast Track Court no. 1, Unnao
in case crime no. 142/08, S.T. No. 433/2008 under Sections 376/306 I.P.C.
P.S. Vihar, District-Unnao.
I have perused the statement recorded by the trial court. Having regard to the
statements of PW-1 and PW-2 in respect of recovery of suicide note, it
transpires that after commission of rape the victim Km. Jyoti Sharma
committed suicide.
The learned counsel for the applicant has urged that in view of the
contradiction in the statements of the witnesses, the case for bail is made out.
I have also gone through the lower court record and the judgment under
appeal.
In view of the circumstances referred to above, at this stage, it transpires that
after commission of rape, the victim committed suicide and suicide note was
also recovered, accordingly at this stage, it cannot be said that this is a case of
no evidence. Even otherwise the trial court finding at this stage is not
questionable.
Considering the totality of the circumstances, the application for bail is
devoid of any merit and is accordingly rejected.
Order Date :- 21.7.2010
Tanveer/-