Ayush Alias Rinku Soni vs The State Of Madhya Pradesh
2021 Latest Caselaw 4226 MP

                                                                              1                             CRA-2496-2021
                                                 The High Court Of Madhya Pradesh
                                                            CRA-2496-2021
                                                       (AYUSH ALIAS RINKU SONI Vs THE STATE OF MADHYA PRADESH)

                                        4
                                        Jabalpur, Dated : 12-08-2021
                                                Heard through Video Conferencing.
                                                Shri Shankar Prasad Singh, Advocate for the appellant.
                                                Shri Anuj Singh, Panel Lawyer for the respondent-State.

Record of the court below is available on record. Appeal is admitted for hearing.

Heard on I.A.No.5921/2021, which is an application filed by the accused/appellant, under section 389 (1) of Cr.P.C. for suspension of his jail sentence awarded by the Court of VII Addl. Sessions Judge, Katni, District Katni (MP), in S.T. No.166/2017 vide its judgment dated 1.4.2021, convicting the appellant/accused under Section 376-2(Dha) of the IPC and sentenced him to undergo RI for 10 years with fine of Rs.10,000/-, with default stipulation on, as mentioned in the impugned judgment.

As per prosecution case, on 18.6.2017, prosecutrix (PW/1), lodged the report against the accused/appellant. She alleged that accused/appellant

committed intercourse with her on the false pretext of marriage since one year.

L e a r n e d counsel for the appellant/accused submits that accused/appellant has been falsely implicated in this case. Accused/appellant remained in jail during trial since 18.6.2017 to 10.7.2017 and at present he is in jail since 1.4.2021 till now. He did not commit intercourse with prosecutrix on the pretext of marriage. Learned trial Court committed grave error in convicting and sentencing the accused/appellant. Learned trial Court did not appreciate the evidence in perspective way. Actually, accused/appellant is Soni by caste and prosecutrix (PW/1) is Rajak by caste, so parents of prosecutrix were not ready to solemnize marriage with accused/appellant. Signature Not Verified SAN Sunita Rajak (PW/2), mother of prosecutrix (PW/1), deposed before the trial

Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.12 18:21:11 IST 2 CRA-2496-2021 Court that accused/appellant was ready to solemnize marriage with prosecutrix (PW/1), but she refused, so it appears from the record that accused/appellant was ready to solemnize marriage with prosecutrix, but her parents were not ready. Apart from this, mother of prosecutrix Sunita Rajak (PW/2) also admitted this fact that marriage of prosecutrix was solemnized with one Dinesh Rajak on 18.4.2018 and thereafter prosecutrix ran away with

one Ankit and they solemnized marriage, so it is not natural that accused/appellant committed intercourse with prosecutrix on the false pretext of marriage. Prosecutrix is major and already married lady, so there is no question of intercourse on the false pretext of marriage. Accused/ appellant also produced defence witness Rahul Soni (DW/1). She disclosed all the facts before the trial Court. This appeal is of year 2021. It is the time of COVID-19, Pandemic, due to which hearing of this appeal will take time to conclude the same. There are material contradictions and omissions in the statement of the witnesses. There is fair chance to succeed in the appeal. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail of present accused/ appellant.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Having considered the arguments advanced by learned counsel for the parties, on perusal of the record and the fact that prosecutrix is already a married lady, incident occurred when her parents saw prosecutrix with accused/appellant, Sunita Rajak (PW/2), mother of prosecutrix is not ready to solemnize marriage of prosecutrix with accused/appellant, accused/appellant remained in jail during trial since 18.6.2017 to 10.7.2017 and at present he is in jail since 1.4.2021 till now, learned trial Court already suspended the jail sentence of accused/appellant, this appeal is of year 2021, it is the time of COVID-19-Pandemic, due to which final hearing of this appeal will take time, Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.12 18:21:11 IST 3 CRA-2496-2021 but without commenting anything on the merit of the case, the said I.A. is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant-Ayush alias Rinku Soni shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the amount of Rs. 50,000/- to the satisfaction of the trial Court for his appearance before the trial court on 26.10.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

I n case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute warrant of arrest

without referring the matter to this Court, provided the Registry of this Court is kept informed.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

List this matter for final hearing in due course, as per listing policy. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

Signature Not Verified SAN A.Praj.

Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.12 18:21:11 IST 4 CRA-2496-2021

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.12 18:21:11 IST