SURAJ PAL SINGH 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 9.8.2011, rendered by the Additional Sessions Judge, Court No. 12, Bareilly, in session trial No. 528/2007, State v. Suraj Pal Singh and Ors.

(2.) ADMIT .

(3.) LEARNED Counsel for the Appellant submitted that the maximum sentence imposed on the Appellant is of 3 years rigorous imprisonment. It was next submitted that the Appellant was on bail during the trial and never abused the same and is presently in jail from 9.8.2011 and 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. It was further submitted that the prosecutrix was found aged about 19 years on medical examination, therefore, she was major. It is alleged that the Appellant took the prosecutrix on his motor cycle and handed over to his son with whom the prosecutrix lived for about 15 days and travelled to different places. It was next submitted that the prosecutrix did not raise any alarm or any resistance during the period she travelled on the motor cycle of the Appellant. Learned Counsel for the Appellant further submitted that keeping in view the facts and circumstances of the case, the statement of the prosecutrix that she had been forcibly abducted and subjected to rape could not be relied on.