CRJA/10/2021
2022 Latest Caselaw 3480 UK

               Office Notes,
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      Date                                    COURT'S OR JUDGES'S ORDERS
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                                 Bail Application No. 1 of 2022
                                 In
                                 CRJA No.10 of 2021
                                 Hon'ble S.K. Mishra,J.

Hon'ble Alok Kumar Verma, J.

Mrs. Prabha Naithani, learned counsel for the appellant.

Mr. J.S. Virk, learned Deputy Advocate General assisted by Mr. Rakesh Kumar Joshi, learned Brief Holder for the State.

This is the Bail Application, filed by the appellant-Rajan Kumar, under Section 389 of the Code of Criminal Procedure, 1973, (hereinafter referred to as "the Code") for suspension of sentence and grant of bail upon appeal. He has been convicted and sentenced to undergo rigorous imprisonment along with a fine of Rs.10,000/- for the offence punishable under Section 363 of the Indian Penal Code, 1860, (hereinafter referred to as "the Penal Code"), and, in default of payment of fine, further to undergo additional rigorous imprisonment for three months, he has been convicted and sentenced to undergo rigorous imprisonment for a period of twenty years along with a fine of Rs.50,000/- for the offence punishable under Section 42 of the Protection of Children From Sexual Offences Act, 2012, in the light of Section 376(3) of the Penal Code, and, in default of payment of fine, further to undergo additional rigorous imprisonment for a period of one year, vide judgment dated 03.02.2021, passed by Additional Sessions Judge/F.T.S.C. Haridwar, in Special Sessions Trial No.65 of 2019. All the sentences are directed to run concurrently.

From the evidence of the prosecutrix, who is PW2, it is apparent that the appellant enticed the victim and went to Delhi, then to Patna and then to Bihariganj and in Bihariganj, the appellant solemnized his marriage with the victim girl and as per the statement recorded under Section 164 of the Code, the prosecutrix stated that she was in love with the appellant.

It is also borne out from the record that there is discrepancy, regarding the exact date of birth of the prosecutrix. The PW5, who is the Principal of the School, has stated that a correction was made in the Register of Admission, as far as the date of birth of the prosecutrix is concerned, on the basis of the entries made in Aadhaar Card. The evidence of the doctor, i.e. PW4, who examined the victim medically shows that she did not find any dead or living Spermatozoa in her vaginal swab and there was no conclusive material regarding forcible sexual intercourse on the victim girl.

The appellant is the permanent resident of District Haridwar and there is no reasonable apprehension of him absconding from the process of justice. He is in custody since February, 2019 and the appellant is a young man aged about 27 years.

In that view of the matter, the bail application is allowed. Sentence awarded by the learned Additional Sessions Judge/ F.T.S.C. Haridwar, in Special Sessions Trial No.65 of 2019 is hereby suspended. He shall be released on bail, on such suitable terms and conditions, as the learned Additional Sessions Judge/F.T.S.C. Haridwar, deems fit and proper.

The bail application stands disposed of.

The matter be listed on 28.02.2023 for final disposal.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 02.11.2022

Neha/PN