Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4584 of 2010 Petitioner :- Subhash Respondent :- State Of U.P. Petitioner Counsel :- Kartikey Singh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellant, learned A.G.A. and perused the trial
court record.
It is contended by learned counsel for the appellant that the prosecutrix is a
married women, she was having two children. She has admitted that she was
having good relation with the appellant. In the present case the F.I.R. has been
registered in pursuance of the order passed by learned magistrate concerned in
exercise of the power conferred under Section 156(3) Cr.P.C. The prosecutrix
has not sustained any injury and no definite opinion about rape could be
given. She was a consenting party. That is why the matter was settled between
the appellant and the prosecutrix by way of panchayat, but the prosecutrix was
not agreed with the panchayat. The appellant was on bail during the trial, he
has not misused the liberty of bail.
Let the appellant Subhash convicted in S.T. No. 653 of 2008 (State Vs.
Subhash) arising out of case crime no. 141 of 2007, under Sections 376, 452
IPC, P.S. Refinery, District-Mathura 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 fine shall remain stayed during the pendency of the appeal.
Order Date :- 28.7.2010
Ashish Tripathi