Madhya Pradesh High Court
Nijju @ Nand Kishor Choudhary vs The State Of Madhya Pradesh on 9 June, 2021
Author: Rajeev Kumar Dubey
1 CRA-809-2018
The High Court Of Madhya Pradesh
CRA-809-2018
(NIJJU @ NAND KISHOR CHOUDHARY Vs THE STATE OF MADHYA PRADESH)
26
Jabalpur, Dated : 09-06-2021
Heard through Video Conferencing.
Shri Rahul Gupta, Advocate for the appellant.
Shri Pramod Chourasiya, P.L. for the respondent/State.
Heard on I.A. No.2937/2019, which is second application for
suspension of the sentence and grant of bail filed on behalf of appellant
Nijju @ Nand Kishor Choudhary.
The first application filed on behalf of appellant for suspension of
sentence and grant of bail was dismissed on merit by this Court vide
order dated 31/07/2018.
The appellant has preferred this application against the judgment
dated 23/12/2017 passed by Ist ASJ, Katni, Distt. Katni (MP) in ST
No.01/2015, whereby learned ASJ found the appellant guilty for the
offence punishable under Sections 376(1) and 450 of the IPC and
sentenced him to undergo R.I. for 10 years with fine of Rs.5,000/- and
R.I. for 7 years with fine of Rs. 5,000/- respectively with default
stipulations.
Learned counsel for the appellant submitted that the trial Court
without appreciating the evidence properly, wrongly convicted the
appellant for the aforesaid offence. There are several omissions and
contradictions in the statement of the prosecution witnesses including the
statement of the prosecutrix (PW1). From the statement of defence
witness Ramji Chaudhari (DW1) clearly proved that the prosecutrix has
lodged the false report against the appellant due to enmity. The appellant
is in custody since 23/12/2017. Hence, prayed for suspension of the jail
sentence and release of the appellant on bail since the hearing of this
appeal is likely to take long time.
On the other hand, learned counsel for the State opposed the prayer
a n d submitted that the guilt of the appellant was proved beyond
reasonable doubt from the prosecution evidence, therefore, the learned
trial Court did not commit any mistake in finding the appellant guilty for
the aforesaid offence. The first application filed by the appellant for
suspension of sentence and grant of bail has been dismissed on merit.
Signature Not Verified
SAN
Hence, prayed for dismissal of the application for suspension of
Digitally signed by ANURAG SONI
Date: 2021.06.09 18:03:54 IST
2 CRA-809-2018
sentence.
The first application filed on behalf of appellant for suspension of
sentence and grant of bail was dismissed on merit by this Court vide
order dated 31/07/2018 and thereafter there is no change in circumstance
to take another view.
Prosecutrix (PW1) clearly deposed in her statement that the
appellant came to her house and committed rape with her and she lodged
the report (Ex.P-2) soon after the incident. Dr. Aarti Sondhiya (PW3),
who examined the prosecutrix and gave MLC report (Ex.P-4) clearly
stated that at the time of the examination of the prosecutrix, she found that
blood was oozing out from her vagina and laceration was present over
posterior fornix of her uterus and fresh blood was also present there.
Even in the FSL report of vaginal swab of the prosecutrix (Ex.P-11), it is
mentioned that sperm was found in the vaginal swab of the prosecutrix.
S o , looking to the prosecution evidence and overall facts and
circumstances of the case, in the considered opinion of this Court, it is
not a fit case to suspend the conviction of the appellant. Hence, the
application is dismissed.
Appeal has already been admitted for final hearing, so it be listed
for final hearing in due course.
(RAJEEV KUMAR DUBEY)
JUDGE
as
Signature Not Verified
SAN
Digitally signed by ANURAG SONI
Date: 2021.06.09 18:03:54 IST
