Shyamu Paasi vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

The instant criminal appeal under Section 374 (2) Cr.P.C., now 415 BNSS 2023, against the judgment and order dated 31/08/2024 passed by the learned Special Court, POCSO Act./ Additional District and Session Judge Court No.11, Unnao in Session Trial No. 764 of 2021 arising out of Case Crime No. 111 of 2021, under Sections 376, 506 IPC and 3/4 POCSO Act and 67-A, 67-B, IT Act registered at Police Station, Asiwan District, Unnao convicting and sentencing the appellant under Section 3/4 POCSO Act, 2012, for imprisonment of 10 years and a fine of Rs 50,000/-. In default of payment of fine, to further undergo six months' additional imprisonment.

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Learned counsel for the appellant submits that according to the prosecution version, the victim had visited the place of her maternal uncle in June 2020, in summer vacation, where she stayed for 10 days and she developed love affairs with accused Shyamu Pasi, who committed rape on her on the pretext of marriage. During the commission of rape, coaccused Mohit Dhobi, had prepared video of the victim. The appellant and Mohit Dhobi threatened the victim to make her video viral of committing rape on her. Both the accused appellants had threatened the victim of life, if she initiated any action against them.

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He next submitted that the victim has stated in her statement under Section 164 Cr.P.C. before the court that she loved Shyamu Pasi. The date of birth of the victim in the academic records is recorded as 21/5/2003,

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therefore, at the time of the incident, she was 17 years of age. However in her Medico Legal examination, her age was asserted as 19 years. The victim was, in fact, major at the time of the incident, but her date of birth was got recorded by her father on the lower side in the school records.

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He next submitted that by the passage of time altercation took place between her and Shyamu Pasi and she came in contact with Mohit Dhobi who provided her a room and they lived together.

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Learned counsel for the appellant also submitted that the allegation of making obscene video is leveled against Mohit Dhobi, who allegedly snapped her photographs also. The co-accused Mohit Dhobi has been convicted and sentenced for the charge under Section 67-A, 67- B of the IT Act whereas Shyamu Pasi, the appellant, is convicted of the charge under Section 3/4 POSCO Act and Section 376 IPC.

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He next submitted that in medico legal examination report of the victim, no internal and external injuries were found on the person of the victim. He lastly submitted that the appellant is in jail custody since 31/5/2021. Thus, he has undergone 4 years and 8 months imprisonment till date, which is approximately half of the maximum sentence awarded to him. Learned counsel for the appellant has submitted that the FIR has been lodged more than one year after the incident, which suggests ample opportunity for concoction. The appeal is not likely to be heard in the near future due to a heavy backlog. The appellant undertakes that he shall abide by the conditions imposed by the court if he is given the liberty of bail.

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Per contra, the learned Additional Government Advocate has opposed the prayer for bail of the appellant and submitted that serious allegations has been leveled against the appellant, who has committed rape on the victim aged about 17 years at the time of incident. The trial court rightly convicted and sentenced the appellant on the basis of the evidence adduced during the trial.

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Considering the submissions of learned counsel for the parties and the totality of facts and circumstances of the case, nature of offenses, nature of allegations, role assigned to the appellant in the offense, nature of evidence led against him and keeping in view long incarceration of the appellant and the fact that his case is distinguishable from the case of coaccused Mohit Dhobi, and without expressing any view on the merits of the case, I find it to be a fit case for bail.

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Let the appellant, namely, Shyamu Pasi, be released on bail in the aforesaid Sessions Trial number during the pendency of appeal on his furnishing a personal bond and two sureties each in the like amount to the

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satisfaction of the court concerned.

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On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record.

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The appellant has undertaken not to indulge into any anti-social activity particularly against the informant and in the event of any such incident it shall be open to the complainant to make an application for cancellation of bail.

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As regards fine, half of the amount of fine will be deposited by the appellant within a month of his release from jail pursuant to present bail order, the remaining half of the fine shall be stayed during pendency the appeal.

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Order of Appeal

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List in due course for hearing.

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(Ram Manohar Narayan Mishra,J.)

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February 5, 2026

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dk/

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Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shyamu Paasi v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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Shyamu Paasi v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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