PARSU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned Counsel for the appellant and the learned A.G.A. Learned Counsel for the appellant submits that the appellant has been in jail for about 21 years since 7.10.1993. He was represented by Amicus Curiae in the Trial Court and he was convicted by the judgment dated 18.12.1999. He was only able to file his appeal on 28.3.2014 and the delay in filing of the appeal was condoned by order dated 10.4.2014. The appeal was admitted and the record has been received.

(2.) Learned Counsel for the appellant further submits that this case is virtually a case of no evidence. No one was named in the FIR. The appellant is said to have been roaming near the place where the dead body of the deceased was recovered. There is some recovery of Tora and Safi but no connecting evidence has been produced for showing that the same belonged to the deceased or that the Safi was used for strangulating the deceased. Although the fact of the deceased being carried by the appellant was mentioned by PW-3 Sukh Lal, it was not mentioned in the FIR when the FIR was lodged after two days of her disappearance after the corpse was recovered.

(3.) Per contra, learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid contentions.