Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 7940 of 2009 Petitioner :- Siya Ram And Others Respondent :- State Of U.P. Petitioner Counsel :- S.K. Singh Yadav Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellants, learned AGA for the
state and perused the lower court record.
It is contended by the learned counsel for the appellants that the
appellants are not named in the FIR. The prosecutrix was
recovered from the possession of the co-accused Suresh. She
remain in the company of co-accused Suresh. After medical
examination report she was found age about 17 years. No injury
was seen on her person and no definite opinion about rape could
be given. It has been mentioned that the prosecutrix had gone in
the company of Gulab Darji and two others along with the
ornaments etc from her parents house. The appellants were on bail
during the trial, they have not misused the liberty of bail.
Let the appellants Siya Ram, Rakesh Kumar and Rajendra Prasad
convicted in ST. No. 612 of 2002, case crime no. 83 of 1998 (State
Vs. Siya Ram and others) under section 363,366,376 IPC, P.S.-
Jahanabad, District Fatehpur 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 prayer for staying the realization is refused, the appellants are
directed to deposit the amount of fine imposed by the trial Court
within one month from today from the date of their release from
the jail. In default of the payment, the appellants shall be taken
into custody forthwith.
Order Date :- 2.8.2010
SR