Dismissed

Narendra v. State of U.P. and Another

Allahabad HC5 Oct 2021CRLA/1205/2019

Case brief

AI extract

What is this about?

In this criminal appeal for setting aside a bail rejection order under the SC/ST Act, the court refused to exercise its power to grant bail. The court found no illegality or perversity in the lower court's order and directed the trial court to conclude the trial within 1.5 years.

What did the court decide?

The criminal appeal stands rejected; the trial court is directed to conclude trial within 1-1/2 years subject to fullest cooperation.

Narendra Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

¶1

Court No. - 67 Case :- CRIMINAL APPEAL No. - 1205 of 2019 Appellant :- Narendra Respondent :- State of U.P. and Another Counsel for Appellant :- Ganga Bhushan Mishra Counsel for Respondent :- G.A.

¶2

Hon'ble Rahul Chaturvedi,J.

¶3

Heard learned counsel for the appellant, learned counsel for the opposite party no.2 as well as learned A.G.A for the State and perused the record.

¶4

This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed for setting-aside the bail rejection order dated 05.01.2019 passed by Special Judge, SC/ST Act 8th, Aligarh in Bail Application No.5943 of 2018 in Case Crime no. 634 of 2018, under Sections 376, 506 IPC and Section 3/4 POCSO Act and Section 3(2)(V) SC/ST Act, P.S. Banna Devi, District Aligarh. The appellant is behind the bar since 09.10.2018.

¶5

Contention raised by the learned counsel for the appellant that initially the FIR was registered under Section 376, 506 IPC and Section 3/4 POCSO Act against the appellant and two others.

¶6

As per the allegation of the FIR on 02.10.2018, the daughter of the informant has complaint about the stomach ache and when tested by the doctor it was found that she was carrying a pregnancy of six months. The age of the girl is 14 years. She concealed her pregnancy from her mother. As per the medical opinion from C.M.O., Aligarh, the age of the victim is 14 years and she was carrying pregnancy of 24 weeks and she in her statement under Sections 164 Cr.P.C. clearly stated that the applicant has committed rape upon her and extended threats for life. The minor girl only after getting her pregnancy confirmed she has disclosed the entire incident to her mother. Learned counsel for the appellant submits that since she has concealed her pregnancy for considerable period, which shows that she was in consensual relationship as well as false implicated with the appellant.

¶7

Learned AGA submits that the age of the girl is 14 years and this conduct of the appellant that he has made the poor girl pregnant.

¶8

'Consent' of a minor is no consent in the eyes of law. Poor girl coming from rural background, cannot not muster the courage to share such type of atrocities committed upon her for a considerable period. This does not mean that she was in consensual relationship with the applicant. The victim aged about 14 years is carrying the pregnancy of 24 weeks, this by itself is repulsive to the court's judicial conscience.

¶9

I am not inclined to exercise my power under Section 14A(2) SC/ST Act nor able to point any illegality or perversity in the order impugned, accordingly the present criminal appeal stands rejected.

¶10

However, the trial court is directed to conclude the trial within a period of 1-1/2 years provided the appellant renders fullest cooperation in early conclusion of trial.

¶11

Order Date :- 5.10.2021

¶12

Abhishek Sri.

Narendra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Narendra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jitendra Tyagi Vs State of U.P. and Another

Shanti Lal Kushwaha Vs State of U.P. and Another

Ankit Kulshreshtha Vs State of U.P. and Another

Sumer Kaushik and Another Vs State of U.P. and Another

Rajan Chaudhary Vs State of U.P. and Anr.

Ankit Nain and Another Vs State of U.P. and Another