Virendra Kumar Dixit, J. - (1.) HEARD learned Counsel for the appellant and learned A.G.A. for opposite party. Perused the judgment and order of the trial court.
(2.) THE appellant involved in Case Crime No. 483 of 2007, under Sections 366 and 376 IPC Police Station Rampur Kalan district Sitapur is in Sessions Trial No. 281 of 2009 vide judgment and order dated 07.01.2010 convicted and sentenced as under: 1. Under Section 366 IPC - - 7 years' Rigorous imprisonment with a fine of Rs. 3000/ -. 2. Under Section 376 IPC - - 10 years' Rigorous Imprisonment with a fine of Rs. 5000/ -. The learned Counsel for the appellant submitted that the prosecutrix was found aged about 20 years on medical examination and this fact was proved during the trial. It is alleged that the prosecutrix remained in the company of the accused for about ten days and travelled to different places and never raised any protest. Co -convict Badloo Prasad @ Pradhan and Ganga Ram alias Madhai have already been enlarged on bail. The case of present appellant Sushil is similar to the co -accused appellants namely Badloo Prasad @ Pradhan and Ganga Ram alias Madhai. Therefore, the present appellant is also entitled for bail on the ground of parity. It was also submitted that it is a case of consent and the appellant was on bail during the trial and never abused the same.
(3.) LEARNED A.G.A. has opposed the prayer for bail of the appellant.;