Court No. - 43 Case :- CRIMINAL APPEAL No. - 2399 of 2010 Petitioner :- Ram Kumar Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellant and learned A.G.A.
Admit.
Issue notice.
The lower court record has been received.
Order Date :- 7.7.2010
Ashish Tripathi
Hon’ble Ravindra Singh,J. Learned A.G.A. files written objection.
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 the allegation of
commit the rape is not against the appellant, it is against the co-accused
Rajesh. The only allegation against the appellant is that the prosecutrix was
over powered by the co-accused Rajesh, the appellant put the pistol on the
chest of the prosecutrix. The prosecutrix was a married woman, she was more
than 18 years. The F.I.R. of this case have been registered in pursuance of the
order passed by learned magistrate concerned in exercise of the power
conferred under Section 319 Cr.P.C. The case of the appellant distinguished
with the co-accused Rajesh. The appellant was on bail during the trial, he has
not misused the liberty of bail.
Let the appellant Ram Kumar convicted in S.T. No. 175 of 2004, State Vs.
Ram Kumar, under Section 376/109 IPC, P.S. Gursahaiganj, District-Kannauj
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 realization of half amount of the fine awarded by the trial Court shall
remain stayed, till the pendency of the appeal. The remaining half amount of
the fine shall be deposited by the appellant within a month from the date of
his release from the jail. In default of the payment, the appellant shall be taken
into custody.
Order Date :- 7.7.2010
Ashish Tripathi