Aamir vs The State Of Madhya Pradesh
2021 Latest Caselaw 4693 MP

                                                            1                             CRA-1640-2019
                                The High Court Of Madhya Pradesh
                                           CRA-1640-2019
                                             (AAMIR Vs THE STATE OF MADHYA PRADESH)

                         6
                         Indore, Dated : 25-08-2021
                              Shri Abhishek Tugnawat, learned counsel for the appellant.
                              Shri   Yashpal     Rathore,       learned   Public   Prosecutor   for   the
                        respondent/State.

Heard on I.A.No.15215/2021 which is a repeat (second) application under Section 389(1) Cr.P.C for suspension of sentence and grant of bail

filed on behalf of appellant-Aamir. Earlier application I.A. No.10280/2019 has already been dismissed as withdrawn on 17/02/2020.

The appellant has been convicted for the offence under Sections 6, 4 of Protection of Children from Sexual Offences Act, 2012; Section 342 of IPC 1860 and sentenced to undergo R.I. for 10 years, 7 years and S.I. for 6 months, respectively with fine and usual default stipulation vide judgment dated 29/01/2019 passed by 3rd Additional Sessions Judge, District Neemuch in Sp. St. No.45/2016.

Learned counsel for the appellant submits that the appellant has been

falsely implicated in the present case as there are material omissions and contradictions in the statement of the prosecutrix. it is further submitted that maternal grand mother of the prosecutrix, (P.W1) has also not supported the case of the prosecution. Even as per the deposition of independent witness Jali (P.W6), who has clearly stated that when she caught the appellant and the prosecutrix both of them threatened her of dire consequences. Thus it is submitted that prosecutrix was a consenting party. It is further submitted that the age of the prosecutrix is also disputed as no reliable evidence has been led by the prosecution to prove her age and only scholar register has been filed, which cannot be relied upon. In these circumstances, the sentence of the appellant may be suspended and he be released on bail.

Prayer is opposed by the learned Panel Lawyer.

Digitally signed by SUMATHI
JAGADEESAN
Date: 2021.08.26 10:49:39
+05'30'
                                                              2                          CRA-1640-2019

After taking into consideration of the rival submission and on perusal of record, this Court finds force in the contentions raised by learned counsel for the appellant, therefore, without commenting on the merits of the case, I.A. No.15215/2021 is allowed.

It is directed that upon depositing the fine amount and on furnishing

personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety of the like amount to the satisfaction of the trial Court, the remaining portion of the jail sentence of the appellant shall be suspended and he be released on bail for his appearance before the concerned trial Court on 14.12.2021 and thereafter on all subsequent dates as may be fixed by the trial Court in this behalf.

Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE

sumathi

Digitally signed by SUMATHI JAGADEESAN Date: 2021.08.26 10:50:17 +05'30'