CRLA/182/2023
2023 Latest Caselaw 2750 UK

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                                  CRLA No. 182 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

(1) Mr. Mukesh Singh Rawat, learned counsel for the appellant.

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

(3) This appeal is filed under Section 374(2) of Cr.P.C. against the judgment and order dated 04.02.2023 rendered by learned F.T.S.C./Additional Session Judge, Roorkee, District Haridwar in Special Sessions Trial No. 87 of 2022, whereby appellant has been convicted under Section 376(A)(B) of I.P.C. and Section 5(m)/6 of Protection of Children from Sexual Offences Act, 2012. He has been directed to undergo rigorous imprisonment for twenty years under Section 5(m)/6 of POCSO Act with fine of ₹30,000/- and, in default of payment of fine, he was sentenced to undergo further six months additional imprisonment.

(5) Heard learned counsel for the parties on the bail application (IA No. 1 of 2023) and perused the record.

(6) It is submitted by learned counsel for the appellant that he has been falsely implicated in the present case. Smt. Anita (P.W.2), who happens to be the Aunt of victim, has not supported the case of the prosecution during trial. She even stated that she did not state anything to scribe the report, but as per prosecution case, first information report was lodged on the asking & dictation of P.W.2, against the appellant. It is further argued by learned counsel for the appellant that P.W.2 refused to internally examine the victim while she was taken to hospital for medical examination. Thus, there is no corroborating evidence to support the case of prosecution, even medically. Learned counsel for the appellant further submits that no injury whatsoever was found over the person of the victim. It is further submitted by appellant's counsel that evidence of victim, who was examined before trial court, is also not trustworthy for the reason that she negated the version of the prosecution in her cross examination. Lastly, it was submitted that appellant under incarceration since 25.05.2022.

(7) Learned State Counsel submitted that although there are some anomalies in the prosecution story, but still the victim in her examination-in-chief has supported the prosecution version.

(8) We have considered the arguments of the parties and without going into the merits of the case, we feel that appellant is entitled to be released on bail.

(11) Accordingly, Bail Application (IA No. 1 of 2023) is allowed. Let the appellant - Bhagwat alias Motu be released on bail during the pendency of this appeal on his executing a personal bond and furnishing two reliable sureties each of the like amount to the satisfaction of the Court concerned.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 19.09.2023

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