Akash @ Kaka vs State Of Uttarakhand
2023 Latest Caselaw 780 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
    THE HON'BLE SRI JUSTICE SHARAD KUMAR SHARMA
      THE HON'BLE SRI JUSTICE RAVINDRA MAITHANI

                         23rd March, 2023


                Criminal Appeal No. 308 of 2022



Akash @ Kaka                                      ........Appellant

                              Versus

State of Uttarakhand                           ........Respondent
Present:-
      Mr. Avidit Noliyal, Advocate for the appellant.
      Mr. V. K. Gemini, learned D.A.G. for the State.


Hon'ble Sharad Kumar Sharma, J.

Hon'ble Ravindra Maithani, J.

Hon'ble Ravindra Maithani, J. (Oral)

The present appeal has been preferred against

the judgment and order dated 04.06.2022 passed in

Special Session Trial No. 73 of 2020 by the Court of

Learned Additional Session Judge/FTC Haridwar, in the

case of 'State Vs. Akash @ Kaka'. By the impugned

judgment and order, the appellant has been convicted

and sentenced for the offences punishable under Sections

363, 366A, 376(3) of I.P.C and Section 5(1)/6 of

Protection of Children from Sexual Offence Act. He has

sought his release on bail.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 20.03.2020, victim a

young girl of 15 years was found missing from her house.

The appellant was missing from his house on the same

day. It was suspected that the appellant enticed the

victim.

4. Learned counsel for the appellant would

submit that the appellant and the victim, both were in

relationship. Victim was major. They both got married

with their free will.

5. On the other hand, the learned counsel for the

State would submit that the victim is minor, she is of 15

years. Her date of birth is 28.03.2005, which has been

proved by the prosecution. Therefore, the consent get no

significance.

6. The learned counsel for the State admits that

in her statement under Section 164 Cr.P.C., the victim

has revealed her age is 19 years and had stated that she

on her own had left with the appellant. He would submit

that it has been clarified that the victim, during trial that

such statement was given by her, under force.

7. Admittedly, in her statement under Section 164

of the Code, the victim has stated that she was in the

relationship with the appellant. She was 19 years age of

then. Therefore, she went alongwith the appellant and

married in Court.

8. In the impugned judgment, in order to

establish the age of the victim, a document 9B/8 has

been relied on by the Trial Court, but, what is that

document 9B/8, it's not clear from the Para 37 of the

impugned judgment. It is the case of the appellant that

the victim is his wife.

9. Having considered, this Court is of the view

that it is a case fit for bail and the appellant deserves to

be enlarged on bail.

10. Accordingly, the bail application is allowed.

The sentence appealed against shall remain suspended

during pendency of this appeal. Let appellant/applicant

be released on bail, on his executing a personal bond and

furnishing two reliable sureties, each of the like amount,

to the satisfaction of the court concerned.

(RAVINDRA MAITHANI, J.) (SHARAD KUMAR SHARMA, J.) 23.03.2023 PN