Court No. - 43 Case :- CRIMINAL APPEAL No. - 511 of 2010 Petitioner :- Ramesh Mishra Respondent :- State Of U.P. Petitioner Counsel :- K.N. Raha Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Additional Sessions Judge/FTC No. 25 was directed to be personally present
before me today. Presiding Officer is present. When he was pointed out with
the mistake, he accepted it with apology not to commit such mistake in future.
Admit.
Registry is directed to summon the trial court record forthwith.
Trial judge is directed to transmit the record to this court by a special
messenger positively within a week from the date of receipt of requisition
from the office of this court.
A perusal of the record and conviction part indicates that it is a case of gang
rape. It is bizarre that in spite of trying a charge of gang rape, trial judge has
convicted the appellant as well as co accused for 376 IPC simplicitor.
Since, I find that it is a gang rape committed by two persons, the present
appellant Radhey Shyam and co accused Ramesh. I further find that there was
no reason for the victim to implant false charge of ravaging her honour
against the appellant. I find that the victim has steadfast lengthy cross
examination by the defence counsel who has not been able to gain out of such
exercise.
I find no reason to grant bail to the present appellant. His bail prayer is
declined and rejected at this initial stage. As soon as the record is received by
the office of this court, office is directed to get the paper book prepared
without fail within two weeks from the date of receipt of the record and then
list this appeal for final hearing on 8.3.2010 before appropriate bench.
Presiding Officer/ trial judge needs not to be present henceforth but he is
warned to be careful in conducting trials in future. It is not expected of a
Judicial Officer to write a judgment bereft of common sense.
List this appeal for final hearing on 8th March, 2010.
Order Date :- 3.2.2010
Gss