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Bhagwana & Another v. State Of U.P. - CRIMINAL APPEAL No. 2018 of 2006  RD-AH 8614 (8 May 2007)
Court No. 44
Criminal Appeal No. 2018 of 2006
2.Nandroop ..... Appellants
State of U.P. ......Opp. Party
Hon'ble Imtiyaz Murtaza, J.
Hon'ble Shiv Charan, J.
The appellants have prayed for suspending their conviction and sentence awarded by the trial court in S.T. No. 33 of 2001 (State Vs. Bhagwana and another) under Sections 452 and 376(2) I.P.C. and sentenced to imprisonment for life and a fine of Rs. 10,000/-.
We have heard learned counsel for the appellants, learned A.G.A. for the State and perused the lower court record as well as the order of Sessions Judge.
The incident in question took place on 17.2.1997 at about 2.00 A.M. in the night when the appellants were alleged to have been committed rape upon the victim. The victims's husband lived in Delhi and she was alone alongwith her children. The appellants entered in the house and committed rape upon the victim. The daughter of the victim also raised alarm but no body came to save her. The police after investigation had submitted final report and the victim had filed protest application then the prosecution started. The trial court framed charges under Sections 452 and 376 (g) I.P.C. The victim was examined as P.W. 1 and her daughter Nanhi was examined as P.W. 2 who supported the prosecution case.
Learned counsel for the appellants submits that the medical examination report does not indicate that victim had sustained any injury and there was no opinion that rape has been committed.
Learned A.G.A. submits that it is not necessary that victim must sustain some injuries because the allegation against the appellants is that they were also carrying weapons and there were two persons who were committing rape. The statement of the victim is also corroborated by the testimony of her daughter.
The Sessions Judge after considering the evidence on record convicted the appellants as aforesaid.
Considering the facts and circumstances of the case, in our opinion, it is not a fit case for grant of bail to the appellants.
Accordingly the prayer for bail of the appellants is rejected.
Dated : 8.5.2007
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