RAVI ALIAS RAVVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Brijesh Sahai, learned counsel for the appellant and the learned A.G.A. for the state of U.P.

(2.) This application for bail has been filed in criminal appeal no. 1761 of 2013 with a prayer that the appellant may be released on bail, during the pendency of this appeal.

(3.) It is contended by the learned counsel for the appellant that the appellant has been convicted under section 376,328 and 302 I.P.C., the maximum sentence of life imprisonment has been awarded under section 302 I.P.C. with a fine of Rs. 10,000/- and sentence of 10 years with a fine of Rs. 10,000/- has been awarded under section 376 I.P.C. and sentence of 10 years with a fine of Rs. 5,000/-has been awarded under section 328 I.P.C. It is a case in which 11 witnesses have been examined from the side of the prosecution and from the side of defence two witnesses have been examined, none of the witnesses examined before the trial court as eye witness of the alleged incident. The conviction of the appellant is based on mainly alleged dying declaration, which has been recorded by P.W.10 Sri Shyam Mohan Pathak, Additional City Magistrate- I on 2.9.2008. According to the dying declaration, which was recorded on 2.9.2008 at 2.42 p.m. the age of the deceased was about 14 years,she stated that his neighbour Ravi was misbehaving with her ( US NE MUJH SA BADATMIJI KI), she had gone for easing to the field where she was caught hold by him and her mouth was pressed and after committing Badatmiji forcibly a pill of salfas was got swallowed by him to her and she was asked not to disclose this fact at his house. Thereafter, she came to her house where she apprised her mother about the above incident. First of all, she was taken by her family members to Pisava, thereafter she was brought to the medical college where the dying declaration was recorded. A certificate has also been issued by the doctor that the patient was fully conscious. In the dying declaration she did not state that she was raped, only allegation of Badatmiji has been made against the appellant.