RAJ KISHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the Appellant and the learned A.G.A. and perused the impugned judgment and order dated 13.9.2011, rendered by the Additional Sessions Judge, Court No. 4, Farrukhabad, in session trial No. 278/2009 State v. Raj Kishore, whereby the Appellant has been convicted and sentenced under Sections 363, 366 and 376 Indian Penal Code.

(2.) ADMIT .

(3.) LEARNED Counsel for the Appellant submitted that the learned trial court believed the school record entry and held the prosecutrix as a minor where as on the basis of medical report she was aged about 18 years. It was next submitted that the prosecutrix remained in the company of the Appellant for about two years and had also become pregnant, therefore, she was a consenting party. It was next submitted that due to pressure of family members, she supported the prosecution story during the trial. It was next submitted that the maximum sentence imposed on the Appellant is of seven years imprisonment and he is in jail from 21.7.2009, therefore, if he is not released on bail, the appeal would, in due course, become infructuous as there is no hope of an early hearing of the appeal due to heavy dockets.