Allahabad High Court
Ram Ratan & Others vs State Of U.P. on 29 July, 2010
Author: Ravindra Singh
Bench: Ravindra Singh
Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 2805 of 2009 Petitioner :- Ram Ratan & Others Respondent :- State Of U.P. Petitioner Counsel :- R.C. Yadav Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Learned A.G.A. files counter affidavit.
Heard learned counsel for the appellants, learned A.G.A. and perused the lower court record.
It is contended by learned counsel for the appellants that according to the FIR the allegation was made against Ram Vilas, Ram Vilas has not been prosecuted, subsequently the story was changed. The appellants have been made accused. According to the medical examination report the prosecutrix has not sustained any injury and no definite opinion of rape could be given and no spermatozoa was found in her vaginal smear. The appellants were on bail during the pendency of the trial, they have not misused the liberty of bail.
Let the appellants Ram Ratan, Desh Raj and Raju @ Chauhan convicted in S.T. No. 487 of 2008 under sections 363,366,376 IPC, P.S. Puranpur District Pilibhit be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned.
The prayer for realization of fine is refused. The appellants shall deposit the amount of fine as awarded by the trial within one month from the date of release from the jail. In default, the appellants shall be taken into custody.
Order Date :- 29.7.2010 RPD