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DELHI HIGH COURT
ANOOP KUMAR MENDIRATTA
Ashish Windwani – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. application for bail pending appeal. (Para 1 , 2) |
| 2. contentions relating to evidence and conviction. (Para 3 , 4) |
| 3. analysis of conviction based on evidence and claims. (Para 5 , 6) |
| 4. order granting bail and conditions. (Para 7) |
ORDER
Anoop Kumar Mendiratta, J.
CRL.M.(BAIL) 1044/2022
1. An application under Section 389 read with Section 482 Cr.PC has been preferred on behalf of the appellant for suspension of sentence and release of the appellant on bail during the pendency of appeal.
2. The appellant has preferred the appeal against the judgment dated 02.07.2022 and order on sentence dated 13.07.2022 passed by the learned ASJ, Patiala House Courts, New Delhi in FIR No. 684/2015 under Sections 376(2)(n)/313 IPC registered at Police Station R.K. Puram whereby he has been sentenced to undergo rigorous imprisonment of 10 years for the offence punishable under Section 376 (2)(n) IPC and directed to pay fine of Rs.6 lakhs (in default of payment of fine to undergo SI for one year). However, the appellant stands acquitted of the offence under Section 313 IPC.
3. Learned counsel for appellant submits that there is patent infirmity in convicting the accused as crucia
The appellate court may suspend a sentence if patent infirmities in the conviction suggest the possibility of error, without reassessing evidence at this stage.
The main legal point established in the judgment is the consideration of evidence and infirmities at the stage of suspension of sentence and release on bail during the pendency of appeal.
Point of law: A woman’s body is not a man’s plaything and he cannot take advantage of it in order to satisfy his lust and desires by fooling a woman into consenting to sexual intercourse simply becau....
The legal position on 'promise to marry' in relation to consent and the 'bail not jail' rule were central to the judgment.
Point of Law : In view of the settled position of the law as discussed above, applicant/accused has carved out a strong case of anticipatory bail in his favor. The anticipatory bail granted to applic....
A consensual relationship, even if based on a promise of marriage, does not constitute rape under Section 375 IPC unless it is proven that the promise was made in bad faith or with the intent to dece....
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