IRSHAD versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Irshad v. State Of U.P. - CRIMINAL APPEAL No. 3240 of 2006 [2007] RD-AH 11587 (10 July 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M.K. Mittal, J.

Appellant Irshad has filed criminal appeal no.  3240 of 2006  against the order dated 23.5.2006 passed by Addl. Sessions Judge, Court No.3, Saharanpur in S. T. No. 242 of 2004 whereby he has been found guilty and convicted under Section 376 IPC and has been sentenced to undergo rigorous imprisonment for ten years and fine has also been imposed on him.

Heard learned counsel for the appellants, learned A.G.A. and perused the trial court record.

The contention of the learned counsel for the appellant is that prosecutrix had love affairs with the accused prior to the incident and was a consenting party. He has also contended that according to medical evidence  her age was about 18 years. He has also pointed out that the accused was also tried under Sections 363, 366 IPC but has been acquitted of the same.

Learned counsel for the appellant has also contended that thee is photograph as well as there are love letters of the prosecutrix to show that she was familiar with the accused and had gone with her own consent.

Considering the facts and circumstances of the case but without prejudice to the merits of the case, appellant be released on bail, during the pendency of the appeal, on his furnishing a personal bond with two sureties each of the like amount to the satisfaction of the court concerned and also on depositing the amount of fine as imposed on him within a month from today and failing it his bail shall stand cancelled..

The appellant shall give an undertaking that during the pendency of the appeal, he shall not indulge in any criminal and antisocial activity and shall have good behaviour and shall not threaten the witnesses or their family members. In case any complaint is received, it shall be properly enquired into and report, if any, is made to this Court, the bail may be cancelled.

Dt.9.7.2007

RKS/3240/06

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