GUFRAN ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment and order dtd. 11/10/2018- 12/10/2018 passed by the learned Sessions Judge, District Udham Singh Nagar in Session Trial No.175 of 2016, whereby the appellant has been convicted for the offences under Ss. 376(2)(n), 417 and 506 of IPC, and sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs.25,000.00 (Rupees Twenty Five Thousand Only) for the offence under Sec. 376(2)(n) of IPC, and to undergo rigorous imprisonment for six months and to pay a fine of Rs.500.00 (Rupees Five Hundred Only) for the offence under Sec. 417 of IPC, and to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.500.00 (Rupees Five Hundred Only) for the offence under Sec. 506 of IPC.

(2.) As per the case of the prosecution, the victim was in relationship with the present appellant since September 2015 i.e. about 10 months back to the lodging of the first information report and during this period they had sexual intercourse many a times and they resided at various places. During this period, the victim had also taken divorce from her earlier husband. Thereafter, the victim says that the present appellant has refused to marry her. It was then that she was constrained to lodge the first information report.

(3.) Without going on the merits of the case, this Court is inclined to release the appellant on bail. The bail application is allowed accordingly.