Appeal against conviction under POCSO Act and IPC sections. Additional order granting bail to appellant pending appeal while keeping sentence intact and directing partial fine deposit. Amicus curiae honorarium directed.
Appellant released on bail; half the fine deposited within two months; sentence clause not interfered with.
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Court No. - 86
Case :- JAIL APPEAL No. - 60 of 2024
Appellant :- Akhilesh Bind Respondent :- State of U.P. Counsel for Appellant :- Abhinav Gaur Counsel for Respondent :- A.G.A.
Hon'ble Nalin Kumar Srivastava,J.
Order on Appeal
Order on Criminal Misc. (Suspension of Sentence) Application / Criminal Misc. Bail Application
sentence imposed by the learned trial Judge is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellant. The prosecution has not been able to prove its case beyond reasonable doubt. It is further submitted that the evidence available on record clearly reveals that the prosecutrix was major on the date of occurrence. It is also submitted that the prosecutrix while being examined as PW-2 has made several contradictory and improbable statements. It is also submitted that as per the evidence adduced by the prosecution, the prosecutrix had been living with the appellant for a period of more than one month but she never made any protest to anyone nor she tried to fly away from the clutches of the appellant which is an unnatural conduct on the part of the prosecutrix. It is further submitted that at the earlier stage of trial the appellant had also moved a bail application being Criminal Misc. Bail Application No. 10433 of 2016 before this Court wherein vide order dated 19.4.2016 he was granted bail and the Court had also made an observation in the said order that the victim of this case is a major girl. The appellant has no criminal history to his credit. It has been further submitted maximum sentence awarded to the appellant is of 10 years and the appellant has undergone about more than two years. It is further submitted that since there is no likelihood of early hearing of the appeal in near future, the appellant may be released on bail pending appeal. Besides the above submissions, learned counsel for the appellant has also tried to touch upon at length the circumstances which led to the false implication of accused - appellant.
she never made any protest nor she tried to fly away from the possession of the appellant and the fact that the appeal may take some time for its final disposal, without further commenting on the merits of the case, I am inclined to release the appellant on bail. However, the Court is declined to make any interference in the sentence clause of the impugned judgment and order wherein the provisions of Section 357-A(2) CrPC and Section 33 (8) POCSO Act have been referred by the trial court.
Order Date :- 30.7.2024 safi
Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad
2 issues framed by the court
Whether to release the appellant on bail pending the disposition of the jail appeal.
Whether to interfere with the sentence awarded by the trial court.
3 provisions across 2 enactments
Akhilesh Bind
State of U.P.
Nalin Kumar Srivastava
Mahboob Safi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
