Court No. - 43 Case :- CRIMINAL APPEAL No. - 1683 of 2009 Petitioner :- Ashok @ Pappal & Another Respondent :- State Of U.P. Petitioner Counsel :- R.K. Tripathi,Saket Jaiswal,Sanjay Kr. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellants, learned A.G.A. and perused the
lower court record.
It is contended by learned counsel for the appellants that according to the
prosecution version itself the prosecutrix has left the house of her parents in
the the company of appellant Ashok, she had taken the ornaments and cash
also. It has come in the evidence that she has performed the marriage with
appellant Ashok. She moves in the company of the appellant from one place
to another with her free will and consent. The appellants were on bail during
pendency of the trial. They have not misused the liberty to bail. According to
the medical examination report the age of the prosecutrix was about 17 years.
Let the appellants Ashok @ Pappal and Baura @ Shiv Baran convicted in
S.T. No. 80 of 2006 under sections 363, 366 and 376 IPC, P.S. Kotwali City
District Banda be released on bail on their furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the Court concerned.
The realization of fine shall remain stayed during pendency of the appeal.
Order Date :- 2.7.2010
RPD