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Madari Vishwakarma v. State Of U.P. - CRIMINAL APPEAL No. 1447 of 2006 [2006] RD-AH 7495 (8 April 2006)


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Court No. 21

Criminal Appeal No. 1447 of 2006

Madari Vishwakarma Vs. State of U.P.

Hon'ble. Mukteshwar Prasad, J.

Hon'ble Vinod Prasad, J.

Criminal Appeal No. 1447 of 2006 is connected with Criminal Appeal No. 106 of 2006. The defective appeal no. 106 of 2006 has been admitted by this Court vide order dated 3.4.2006. The office has not given regular number to the aforesaid appeal. The office is directed to give regular number to the aforesaid appeal.

We have heard learned counsel for the appellant in both the appeals, learned A.G.A. and perused the impugned judgment.

It is contended by learned counsel for the appellants that in the statement under Section 164 Cr.P.C., which was got proved through the victim, P.W. 2 herself that she had not made any allegation of rape. He further contended that according to her own statement she was picked up from her house and then put it in a Jeep from where she was taken to Basti and from Basti she was taken to Bombay. P.W.2 Anita Devi had not made any attempt for her release nor made any grievance against any of the appellant during her journey to Bombay. Learned counsel for the appellant contended that the allegation of rape is not supported by any medical evidence as according to doctor, it cannot be said with  certainty that she was subjected to rape. Learned counsel for the appellant has also pointed out that the appellant was on bail during trial and he has not misused the bail and the appeal is not likely to be heard in near future. At present, appeals of 1982-83 are being listed for hearing.

Learned A.G.A. could not dispute the fact that in her statement under Section 164 Cr.P.C. the victim did not raise any allegation of rape on her and she only stated that an attempt of rape was made on her but she was saved by the ''Sethani'.

Without adverting into the merit of the case further, let the appellant-Madari Vishwakarma be enlarged on bail during pendency of appeal on his executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Siddharth Nagar in S.T. No.  81 of 2005, State Vs. Anuj Vishwakarma and others provided the appellants deposit a sum of Rs. 5000/- in the court below within a period of one month from today. The recovery of remaining amount of fine shall remain stayed during pendency of appeal.

The Chief Judicial Magistrate will send photocopies of the bail bonds to this Court immediately.




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