RAFEEQ Vs. STATE OF U P

JUDGEMENT

(1.) HEARD. Admit. Call for the lower court record. List for hearing on its turn after the record is received. HEARD learned counsel for the appellant and learned A.G.A. on the prayer for bail. The appellant has been convicted and sentenced in Sessions Trial No.111 of 2008 as under-- 1.Under Section 366 I.P.C.--Four years' R.I. with a fine of Rs.2000/-.

(2.) UNDER Section 376 I.P.C.-Seven years' R.I. with a fine of Rs.5000/-. It is submitted that the severity of punishment is not much and the nature of accusation is also not very grave. It is further submitted that the radiological age of the girl has been found to be 19 years as mentioned in the judgment in question itself. Further it is pointed out that in the statement under Section 161 Cr.P.C. which has been duly proved by none other than the Investigating Officer, the prosecutrix has specifically said that that convict-appellant used to visit her house with clothes etc. and he had also assured to marry her. On the fateful day the prosecutrix eloped with the appellant on a motorcycle with her own sweet will on the pretext of going to purchase clothes. When she was confronted with this statement she simply denied it. The learned court below has not discussed this point in a proper manner and has merely brushed it aside by saying that the evidentiary value of the substantive statement is more than the statement under Section 161 Cr.P.C. Moreover it is submitted that the out of total imprisonment of seven years the appellant has already undergone a period of approximately two years (two months less) as he was behind the bars throughout the trial and continues to be in jail till date. It is also submitted that speedy justice is a fundamental right but the appeal may take a couple of years or even more in its final disposal. The appellant has every hope of success in the appeal. The bail is, however, opposed by learned A.G.A. In view of the aforesaid facts and circumstances and without entering into merits of the case, I find it to be a fit case for granting bail. Let the appellant (Rafeeq) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned. However, the fine is not stayed. Let the same be deposited within two months from the date of his release, if not already deposited. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.