Allahabad High Court
Permanand vs State Of U.P. on 3 July, 2010
Author: Ravindra Singh
Bench: Ravindra Singh
Court No. - 43 Case :- CRIMINAL APPEAL No. - 1831 of 2009 Petitioner :- Permanand Respondent :- State Of U.P. Petitioner Counsel :- Abhitab Kumar Tiwari Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellant, learned A.G.A. and perused the trial court record.
Admit. Issue notice.
The lower court record has been received. Office is directed to prepare the paper book as soon as possible, thereafter, list this appeal for hearing before appropriate bench.
It is contended by learned counsel for the appellant that according to the medical examination report, the age of the prosecutrix was about 19 years. According to the FIR, the prosecutrix was enticed away by the appellant, she remained in the company of the appellant for a considerable period at different places with her free will and consen,but after recovery, on account of some other circumstances, she deposed against the appellant. According to the medical examination report, no injury was seen on the person of the prosecutrix and no definite opinion about rape could be given. The appellant is in jail since 17.3.2010.
Let the appellant Permanand convicted in S.T. No. 646 of 2007 arising out of case crime No. 73 of 2007 under sections 363, 366, 376 I.P.C., P.S. Delhi Gate, District Meerut be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned.
The realization of fine shall remain stayed during the pendency of the appeal.
Order Date :- 3.7.2010 Su