The High Court dismissed the criminal appeal against the rejection of a bail application in a rape case involving a minor victim. The court directed the trial court to expedite the trial within four months.
Bail application rejected; trial to be concluded within four months.
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Court No. - 52
Case :- CRIMINAL APPEAL No. - 1648 of 2018
Appellant :- Doodhnath Yadav Respondent :- State Of U.P. Counsel for Appellant :- Pradeep Kumar Counsel for Respondent :- G.A.,Om Prakash
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, Sri Om Prakash counsel for the respondent no. 2 and learned AGA.
The present appeal u/s 14A(2) of SC/ST Act has been filed by the applicant against the judgement and order dated 31.1.2018 passed by Additional Session Judge, court no. 1, Maharajganj in Case Crime no. 233 of 2017, u/s 363, 366, 376 IPC and section 3/4 POCSO Act and section 3(2)5-Ka of SC/ST Act, P.S. Parsa Malik, District Maharajganj.
Learned counsel for the appellant submitted that the victim as per the medical report is aged about 17 years and from her statement u/s 161 and 164 Cr.P.C. it appears that she was a consenting party, thus, the appellant, who is in jail since 19.12.2017, may be enlarged on bail.
Per contra learned counsel for respondent no. 2 submitted that the victim is aged about 14 years and she was forcibly kidnapped by the applicant and his associates and it is continuously on several dates she was subjected to rape by the applicant, therefore, the appellant is not entitled to be enlarged on bail.
Having heard learned counsel for the parties and considering the nature and gravity of offence, specially the age of the victim and her consistent version of rape by the applicant, I do not find it to be a fit case for enlarging the applicant on bail at this stage.
The bail application is, accordingly, rejected. Consequently the appeal stands dismissed.
However, considering the fact that the appellant is in jail since 19.12.2017, the trial court is directed to expedite and conclude the trial within a period of four months from the date of production of certified copy of the order.
Order Date :- 28.8.2018 Dhirendra/
2 issues framed by the court
Whether the appellant is entitled to bail given the age of the victim and the nature of the offences.
Whether the present case requires expedited trial due to the appellant's prolonged incarceration.
7 provisions across 4 enactments
Doodhnath Yadav
State Of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
