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Shyam Kishore @ Khanna v. State Of U.P. - CRIMINAL APPEAL No. 1255 of 2007  RD-AH 3881 (7 March 2007)
Hon'ble R.C. Deepak, J.
Hon'ble K.N. Ojha, J.
Objection filed by the State, be taken on record.
Heard learned counsel for the appellant-accused, learned A.G.A. for the State and perused the impugned judgment.
It is contended by the learned counsel for the appellant-accused that it is not a case of abduction and commission of rape. It is a case wherein the victim Jyoti appears to have joined the company of the accused on her own sweet will and she remained with him for a long time, but she did not disclose that she was abducted and sexual assault was being made by the accused. Doctor has opined her age as 16 years and there may be a variation of 2 years, as has been observed in the case of Jai Mala Versus Secretary of Government of Jammu & Kashmir reported in A.I.R. 1982, page 467.
We have taken into account the entire facts and circumstances of the case, but without expressing any opinion on the merit of the case, the appeal is admitted.
The appellant Shyam Kishore alias Khanna convicted under Sections 366, 376 IPC in S.T. No.305 of 2005, Police Station Prem Nagar, District Jhansi shall be released on bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of the fine imposed upon the appellant-accused shall remain stayed during the pendency of his appeal before this Court.
Dated : 7th March, 2007.
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