Rampher Yadav vs State Of U.P.
2011 Latest Caselaw 3202 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 

 
Case :- CRIMINAL APPEAL No. - 864 of 2010
 

 
Petitioner :- Rampher Yadav
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Srees Kumar Srivastava
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ashwani Kumar Singh,J.

Heard learned counsel for the appellant and learned State Counsel on the prayer for bail  and  perused the record.

The appellant has been convicted under sections 363,366,376 I.P.C. and sentenced to a maximum term of ten  years ' R.I. with  fine and default stipulation.

Learned counsel for the appellant states that according to P.W.7,Dr.Lal Mani, the radiological age of the prosecutrix was about 17 years and according to P.W. 3, Dr.Harsa Sood, no injury was found and the hymen was torn.  It is further stated that  according to the medical jurisprudence there can be a variation of two years in age on either side and the trial court has erred in appreciating the evidence on record and wrongly convicted the appellant.  Learned counsel contends that the statement of the prosecutrix, P.W.2 reveals that she accompanied appellant  to Delhi where she stayed about 13 days.  It is also pointed out that there is no whisper in her statement that she raised any alarm or tried to escape from the clutches of the appellant.  Learned counsel submits that it seems to be a case of consenting parties.

Learned counsel submits that the appellant was on bail in the present case but could not attend the court on some dates, as such, non-bailable warrant was issued and was, subsequently, arrested on 31.1.2010.  It is further submitted that the appellant did not misuse the liberty of bail but since he had fallen ill, as such, he could not attend the court.

This appeal may take a couple of years or even more in its final disposal whereas the speedy justice is a fundamental right.

Let the appellant convicted in S.T.No.396/2009 be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned. The fine imposed is stayed till the final disposal of the appeal.

On acceptance of bail bonds and personal bond, the lower court shall transmit photostat copies thereof to this Court, for being kept on the record of this appeal.

Order Date :- 28.7.2011

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