Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1261 of 2009 Petitioner :- Mahi Pal Respondent :- State Of U.P. Petitioner Counsel :- Birendra Singh Khokher Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellant and the learned A.G.A.
Admit.
Issue notice.
Connect with criminal appeal no. 1152 of 2009.
The lower court record has been received.
It is contended by learned counsel for the appellant that according to the
statement of the prosecutrix itself the appellant Mahipal was having the
relationship with the prosecutrix and he was persuading her for performing
the marriage. The prosecutrix remained in the company of Mahipal for a
period of 4,1/2 months, she was recovered from the company of the appellant
on 14..6.2002. According to the prosecution version the alleged occurrence
has taken place on 2.1.2002. The F.I.R. has been registered on 1.2.2002 in
pursuance of the order passed by the magistrate concerned in exercise of the
power conferred under section 156(3) Cr.P.C. The prosecutix was a
consenting party. No injury was seen on her person, no definite opinion of
rape was given by the doctor. According to the medical examination report
the applicant was having the pregnancy. The appellant was on bail during the
pendency of the trial,, he has not misused the liberty of bail.
Let the appellant Mahipal convicted in S.T. No. 29 of 2003 under Sections
363,366,376 I.P.C. P.S. Garhmukhteshwar District Ghaziabad be released on
bail on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the Court concerned.
The prayer for staying the fine is refused. The appellant shall deposit the
amount of fine within two months from the date of his release. In default, he
shall be taken into custody.
Order Date :- 3.8.2010
N.A.