CRLA/123/2023
2023 Latest Caselaw 2110 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                             COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Bail Application (IA No. 1 of 2023)
                                 In
                                 CRLA No. 123 of 2023
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mohd. Matlub, Advocate for the appellant/applicant.

(2) Mr. J.S. Virk, Deputy Advocate General for the State of Uttarakhand.

(3) Heard learned counsel for the parties on the bail application.

(4) This is an appeal filed under Section 374(2) read with Section 383 Cr.P.C. against the judgment and order dated 12/13.01.2023 passed by learned Special Judge (POCSO Act)/ District and Sessions Judge, Tehri Garhwal in Special Sessions Trial No. 63 of 2021, whereby appellant has been convicted under Section 3/4 of POCSO Act, 2012 and sentenced to rigorous imprisonment of 20 years with fine of ` 20,000/- and, in default of payment of fine, he was sentenced to undergo six month's additional simple imprisonment.

(5) It is contended by learned counsel for the appellant that the appellant was convicted only on the basis of sole testimony of the victim and there is no other corroborating evidence available against the appellant. He also tried to make out a case that there are contradictions in the sole testimony of the victim, and therefore, at this stage it does not inspire any confidence. He prayed for the release of the appellant on bail.

(6) Per contra, learned Deputy Advocate General for the State argued that there is consistent version of the victim throughout during the trial, and everywhere, she has supported the case of prosecution that she was ravished by the appellant. It is also pointed by learned State Counsel that the victim is admittedly minor and her sole testimony is sufficient to convict the appellant.

(7) Without expressing any opinion about the merits of the case, we are not inclined to grant bail to the appellant, at this stage.

(8) Accordingly, Bail Application is rejected.

(9) List this appeal for final hearing in due course.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 07.08.2023 Navin