JUDGMENT :

Mohd. Aslam, J.

Order on Criminal Misc. Bail Application No. 2 of 2021

1. Heard Sri Santosh Kumar Shukla, learned counsel for the appellant and Sri Rajendra Kumar Singh, learned A.G.A. for the State-respondent.

2. The instant application under Section 389(1) Cr.P.C. is moved on behalf of the appellant-Uday Pal seeking suspension of sentence and releasing him on bail during pendency of appeal which is preferred against the impugned judgement of conviction and order of sentence dated 05.04.2021 passed by Additional Session Judge/Fast Track Court No.1, Firozabad in Session Trial No.700544 of 2011 State of UP vs. Uday Pal' (arising out of Case Crime No. 95 of 2008, under Sections 376 , 506 I.P.C., Police Station-Fariha, District-Firozabad), whereby the accused-appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and fine of Rs.30,000/-under Section 376 I.P.C. and to undergo rigorous imprisonment for two years and fine of Rs.1,000/-under Section 506 I.P.C., with stipulation clause of fine. All the sentences were directed to run concurrently. It is further directed that 80% of the fine amount shall be payable to the victim.

3. In brief, prosecution story is that PW1 Thakur Das has lodged the first information report on 21.08.2008 at 17:35 P.M. at Police Station Fariha, District Firozabad alleging therein that on the day of incident his sister/victim X had gone to agricultural land for taking fodder where accused-appellant had outraged her modesty by holding her hand and taking her inside the agricultural land. On the alarm raised by his sister, villagers Tursan Pal and Bhuvnesh arrived there and saved dignity of his sister. Investigation of the case was undertaken by HCP Natthu khan who after investigation submitted the charge-sheet against the accused-appellant. During investigation, statement of the victim under Section 161 Cr.P.C. was recorded on 29.08.2008. Statement of the victim under Section 164 Cr.P.C. was recorded on 02.09.2008, wherein, she has stated that accused-appellant Uday Pal had dragged her into agricultural field of Bajra where he committed rape upon her forcibly and threatened her if she discloses about the incident to anybody, he will kill her. She has further stated that on this count she did not tell the entire incident to her father. Thereafter, her father moved another application on 27.08.2008 at Police Station Fariha narrating the entire incident. The victim was also subjected to medical examination in this regard.

4. In order to prove its case, prosecution has examined informant Thakur Das, brother of the victim, as PW1, victim X as PW4 and Netra Pal, father of the victim, as PW3 as witnesses of the facts. Prosecution has also examined Dr. Parveen Jahan as PW2 to prove injury report, Dr. Rakesh Kumar as PW5 to prove medical age, Investigating Officer Natthu Khan as PW6 to prove steps taken in investigation, site-plan and filing of charge-sheet under Sections 376 and 506 I.P.C. against the accused-appellant and Constable Jagdish Prasad as PW7 to prove chick report and entry of GD registering the case.

5. Learner lower court has recorded the statement of accused-appellant under Section 313 Cr.P.C. wherein he has denied the occurrence and has stated that he has been falsely implicated in this case. Learned lower court after hearing the arguments of learned Additional Public Prosecutor and learned counsel for the accused-appellant has convicted the appellant and sentenced him as mentioned above.

6. It has been submitted by learned counsel for the accused-appellant th