Madhya Pradesh High Court
Ashok Choudhary vs The State Of Madhya Pradesh on 20 July, 2021
Author: Rajendra Kumar Srivastava
1 CRA-857-2021
The High Court Of Madhya Pradesh
CRA-857-2021
(ASHOK CHOUDHARY Vs THE STATE OF MADHYA PRADESH AND OTHERS)
6
Jabalpur, Dated : 20-07-2021
Heard through Video Conferencing.
Shri Devendra Singh Baghel, learned counsel for the appellant.
Shri Ravindra Rajpoot, learned P.L. for the respondent/State.
Record of the Court below is available.
Heard on question of admission.
This appeal is admitted for final hearing.
Also heard on I.A. No.4331/2021, an application for suspension of
sentence and grant of bail to the appellant-Ashok Choudhary.
The appeal has been preferred under Section 374(2) of the
Cr.P.C.,1973 b y the appellant/accused against judgment dated 19.01.2021
passed by learned Additional Sessions Judge Pawai District Panna (MP) in
S.T. No. 36/2019, by which the appellant has been convicted for offence
under Sections 376 of IPC and has been sentenced to undergo R.I. for 7
years with fine of Rs.500/-and Section 4 of POCSO Act a n d has been
sentenced to undergo R.I. for 10 years with fine of Rs.500/-. Default
stipulations have also been imposed by the trial Court.
Prosecution case, in short, is that on 27.11.2018, prosecutrix, aged
about 16 years, was missing from her house. She was searched but not
found. FIR was lodged. On 26.05.2019, prosecutrix was recovered. It is
alleged by the prosecution that appellant/accused kidnapped her and
committed intercourse with her.
Learned counsel for the appellant/accused submits that learned trial
Court committed grave error to convict and sentence the appellant/accused.
Learned trial Court did not appreciate the evidence in perspective way. It is
not proved beyond the reasonable doubt by the prosecution. At the time of
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incident, prosecutrix was below 18 years. Geet Pandey (PW-2) is a Principal,
Digitally signed by LALIT SINGH RANA
Date: 2021.07.20 17:51:49 IST
2 CRA-857-2021
she deposed before the trial Court that the date of birth of prosecutrix is
12.06.2002 but she admitted this fact, the date of birth of prosecutrix is
entered in admission registered on estimation basis. PW-7 is father of
prosecutrix, he did not disclose the date of birth of prosecutrix. PW-8 is
mother of prosecutrix, she also did not disclose the date of birth of
prosecutrix and admitted this fact that the prosecutrix is 19 years of age. So,
the age of prosecutrix may be above 18 years at the time of incident. Apart
from this, prosecutrix (PW-6) did not support the case of prosecution. She
declared hostile by the prosecution. Although, DNA report is positive but
prosecutrix may be consenting party in this case. Appellant/accused is in jail
since 19.01.2021 till now. During trial, he is remained in jail from 27.05.2019
to 22.10.2019. This appeal is of the year 2021. There are fair chances to
succeed in the appeal. Final hearing of this appeal will take time. Therefore,
the application filed on behalf of the appellant may be allowed and the period
of his remaining jail sentence may be suspended further and he may be
released on bail.
Learned P.L. for the respondent/State has opposed the application.
Considering the argument of both the parties and this fact that age of
prosecutrix is disputed, prosecutrix herself did not support the case of
prosecution, she did not allege any fact against the appellant/accused,
appellant/accused is in jail since 19.01.2021 till now, during trial, he is
remained in jail from 27.05.2019 to 22.10.2019, this appeal is of the year
2021, it is time of COVID-19 due to this final hearing of this appeal will take
time, but without expressing any opinion on the merits of the case, I am of the
considered opinion that it would be appropriate to suspend the execution of
jail sentence awarded to the appellant and grant bail to him.
Consequently, I.A. No.4331/2021 is allowed subject to deposit of
fine amount, if not already deposited. The custodial sentence awarded to the
appellant shall remain suspended during the pendency of this appeal.
Appellant-Ashok Choudhary be released from custody subject to
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Digitally signed by LALIT SINGH RANA
Date: 2021.07.20 17:51:49 IST
3 CRA-857-2021
his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty
Thousand Only), with one surety in the like amount, to the satisfaction of the
trial Court. The appellant shall appear and mark his presence before the trial
Court on 04.10.2021 and shall continue to do so on all such future dates, as
may be given by the trial Court in this behalf, during pendency of the matter.
I n view of the outbreak of 'Corona Virus disease (COVID-19)' the
appellant 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
appellant 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 the matter for final hearing in due course.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
L.R.
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SAN
Digitally signed by LALIT SINGH RANA
Date: 2021.07.20 17:51:49 IST
