Court No. - 8 Case :- CRIMINAL APPEAL No. - 279 of 2010 Petitioner :- Aslam Respondent :- State Of U.P. Petitioner Counsel :- Anil Kumar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellant and learned AGA and perused the
impugned judgement passed in Sessions Trial No. 388 of 1999 (State of U.P.
v Aslam) arising out of Crime No. 89 of 1999, under section 376 IPC, P.S.
Mohammadpur Khala, District Barabanki.
The learned counsel for the appellant submits that there was no allegation of
rape in the FIR. It was also submitted that a litigation was already going on in
between the parties and they were on inimical terms. The learned counsel for
the appellant further submitted that the story of rape was concocted by the
Police during the investigation. The mother of the victim has stated during the
trial that she lodged the instant case with the object of getting money from the
State. He further submitted that the appellant was on bail during the trial and
never abused the same.
Keeping in view the entire facts and circumstances of the case and
submissions of the learned counsel for the appellant and the learned AGA, the
appellant Aslam is bailed out during the pendency of the appeal in the
aforesaid Sessions Trial on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine shall remain stayed during pendency of the
appeal, provided the appellant deposit half of the fine within one month.
On acceptance of bail bonds and personal bonds, the lower court shall
transmit photo state copies thereof to this Court for being kept on the record
of this appeal.
List the appeal for hearing in due course.
Order Date :- 1.7.2010
shailesh