CRLA/355/2018
2021 Latest Caselaw 5417 UK

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      30.12.2021                     CRMA Bail Application No. 11127 of 2018
                                     In
                                     CRLA No. 355 of 2018
                                     Shri S.K. Mishra, A.C.J.
                                     Shri N.S. Dhanik, J.

Mr. Pawan Mishra, learned counsel for the appellant.

Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand.

This application (CRMA Nos. 11127 of

2018) has been filed by the appellant under

Section 389 of the Code of Criminal

Procedure, 1973.

The appellant has been convicted for

offences under Section 376(2) of the Indian

Penal Code, and Section 67A of the

Information Technology Act.

We have carefully examined the

impugned judgment as well as the statement

of the victim. She has supported the

prosecution. Believing her evidence, the

learned Trial Court has convicted the appellant.

There is no reason at this stage to

suspend the sentence, as there is involved a

grave offense of sub-sections (6) & (12) of

Section 376 of IPC and Section 67A of the

Information Technology Act.

The application filed by the appellant

under Section 389 of the Code of Criminal

Procedure is, therefore, dismissed.

Let this matter be listed, along with the

connected case, after ten weeks for final

disposal.

    (N.S.Dhanik, J.)     (S.K. Mishra, A.C.J.)
     30.12.2021            30.12.2021

Rathour