Appeal against a conviction under Section 376(1) IPC involving allegations of rape, the High Court granted bail to the accused pending the appeal, noting allegations of consensual activity and refused marriage.
Allowed the petitioner's application; granted bail pending appeal on furnishing a bond; suspended execution of sentence.
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GAHC010002282019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Crl.) 207/2019
1:SRI NAYAN KHODAL S/O- LATE ATI KHODAL R/O- MOUZA- MATHURAPUR PS- MATHURAPUR TEN TEA ESTATE LINE NO. 2
DIST- CHARAIDEO ASSAM PIN- 785689
VERSUS
1:THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM
2:SMT. RUPALI CHOWRA D/O- LATE MAHABIR CHOWRA R/O- MATHURAPUR BHAKAT GAON PS- MATHURAPUR DIST- CHARAIDEO ASSAM PIN- 785689
Advocate for the Petitioner : MR. A LAL Advocate for the Respondent : PP ASSAM
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Case No. : Crl.A. 105/2019
1:SRI NAYAN KHODAL S/O- LATE ATI KHODAL R/O- MOUZA- MATHURAPUR PS- MATHURAPUR TEN TEA ESTATE LINE NO. 2, DIST- CHARAIDEO, ASSAM PIN- 785689
VERSUS
1:THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM
2:SMT. RUPALI CHOWRA D/O- LATE MAHABIR CHOWRA R/O- MATHURAPUR BHAKAT GAON PS- MATHURAPUR DIST- CHARAIDEO ASSAM PIN- 78568
Advocate for the Petitioner : MR. A LAL
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 13-03-2019
Heard the learned counsel for the applicant.
The trial Court has convicted the accused on the basis of the testimony of the victim under Section 376 (1) read with Section 417 of the IPC. Referring to the testimony of the victim, it has been submitted by the learned counsel for the applicant that she being a major one, indulged in consensual activity with the present petitioner.
There cannot be any offence of rape as has been alleged that too such allegation has
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been made while she became pregnant and there was a refusal on the part of the accused to marry her.
I have gone through the evidence of the prosecutrix in the impugned Judgment. Taking into all account, this Court is of the opinion that the accused should be granted the privilege of bail pending the appeal.
Accordingly, the accused petitioner, namely, Nayan Khodal is allowed to go on bail in connection with Sessions Case No.84 of 2016 on furnishing bail bond of Rs. 20,000/- with a surety of like amount to the satisfaction of the learned trial Court.
The execution of the sentence will also remain suspended.
The interlocutory application (criminal) stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused should be granted bail pending the appeal despite the conviction.
1 provisions across 1 enactments
NAYAN KHODAL
THE STATE OF ASSAM REPRESENTED BY PP ASSAM
SMT. RUPALI CHOWRA
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
