CRLA/35/2021
2021 Latest Caselaw 5360 UK

SL.           Office Notes,
No.   Date   reports, orders             COURT'S OR JUDGE'S ORDERS
             or proceedings
              or directions
             and Registrar's
               order with
               Signatures
                               Bail application No. 2 of 2021
                               In
                               CRLA No. 35 of 2021
                               Bail Application No. 2 of 2021
                               In
                               CRLA No. 91 of 2021
                               And
                               Bail application No. 1 of 2021
                               in
                               CRLANo. 137 of 2021

                               Shri Sanjaya Kumar Mishra, ACJ.
                               Shri N.S.Dhanik, J.

Heard Mr. Vikas Kumar Guglani appearing for the appellants/applicants Safeek Qureshi and Shaukin Mewati, and Mr. B.D.Pande, Advocate appearing for the appellant/applicant Rohit.

Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Joshi, Brief Holder for the State.

Present appeal is filed against the judgment and order dated 16.01.2021 passed by Special Sessions Judge, POCSO, Haldwani, Nainital in Special Sessions Trial No. 53 of 2016, whereby the learned Trial Judge was pleased to convict the appellants under Section 395, 376-D, 412 of IPC and under Section 5 (G)6 of the POCSO Act and sentenced them to undergo rigorous imprisonment for l10 years with a fine of Rs. 10,000/- under Section 376-D IPC, to undergo life imprisonment with a fine of Rs. 20,000/-; under Section 5(G)6 of POCSO, to undergo life imprisonment with a fine of Rs. 20,000/-; and under Section 412 IPC to undergo rigorous imprisonment of 10 years with a fine of Rs. 10,000/-.

The Evidences of PW1 and PW2 reveals that they have clearly identified the appellants in the court during course of the trial as the person who have committed rape on them. It is well settled principle of law that a ravished girl can never forget the faces of the persons who gang raped her. Even if there is no Test Identification Parade prior to the identification in the Court, the conviction will not be vitiated.

We do not find any reason to come to the conclusion that there should be suspension of sentences and grant of bail to the appellants upon appeal.

Accordingly, all the bail applications are dismissed.

(N.S.Dhanik) (S.K. Mishra, ACJ.) 28.12.2021 KKS