LAWS(ALL)-2010-8-419

MANOJ Vs. STATE OF U.P.

Decided On August 05, 2010
MANOJ Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the appellants and the learned A.G.A. and perused the judgment and order.

(2.) IT is argued by the learned Counsel for the appellants that the appellants have been convicted and sentenced under Section IPC to undergo six years rigorous imprisonment and imprisonment for life under Section of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act with fine. It was further argued that the age of the victim was found more than 18 years on medical examination. It was also submitted that the victim was found involved in the love affairs with the appellant Amit @ Monu and, therefore, had gone voluntarily with him to different places. She made no charge that she was ever raped in consciousness and therefore, no case under Sections / IPC read with Section of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act is made out against the appellants.

(3.) THE realisation of half of the fine shall remain stayed during pendency of the appeal, provided each of the appellants deposit Rs. 10,000/ - within one month.