Satish vs The State Of Madhya Pradesh
2021 Latest Caselaw 2349 MP

1     The High Court Of Madhya Pradesh
                 CRA-242-2021
                (SATISH Vs THE STATE OF MADHYA PRADESH)


Indore: Dated:-14/06/2021:-
      Heard through Video Conferencing.

      Shri Surendra Kumar Gupta, learned counsel for the

appellant.

      Shri Amit Singh Sisodia, learned Government Advocate for

the respondent/State.

Heard on IA-378-2021, which is first application filed

under Section 389 (1) of Cr.P.C., for suspension of sentence and

grant of bail moved on behalf of the appellant-Satish.

The conviction and sentence of the appellant-Satish is as

under:

Section Act Imprisonment Fine Imprisonment in lieu of Fine 363 IPC 3 Years R.I. Rs.500/- 1 Month R.I.

366 IPC 3 Years R.I. Rs.500/- 1 Month R.I.

376(2)(d) IPC 10 Years R.I. Rs.500/- 3 Months R.I. 5(L) r/w 6 POCSO 20 Years R.I. Rs.500/- 3 Months R.I.

Learned counsel for the appellant submits that as per

prosecution story, the first incident of sexual assault with the

victim had taken place on 22.06.2018 which is followed by yet

another incident after 15 days. The FIR was lodged after about

six months on 19.02.2019. The delay is enormous. No 2 The High Court Of Madhya Pradesh CRA-242-2021 (SATISH Vs THE STATE OF MADHYA PRADESH)

explanation for delay was furnished by the prosecution. The

medical evidence does not support the story of the prosecution.

The age determined by the Court below is not in consonance with

Section 94 of the Juvenile Justice (Care and Protection of

Children) Act, 2015 . The scholar register so produced is proved

by the principal, who deposed that the date of birth which was

recorded in the register is as per transfer certificate of the

previous school, whereas the victim deposed that on the basis of

the birth certificate, the date of birth was recorded in the said

register. He further submits that the birth certificate was available

with the prosecutrix, which should have been produced which

would have been a relevant evidence as per Section 94(2)(i) of

the Juvenile Justice (Care and Protection of Children) Act, 2015.

Thus, the findings relating to the juvenility of the victim is

highly doubtful. In the absence of any corroboration of sexual

assault, delay in lodging the FIR and doubt regarding age of the

victim, the appellant deserves benefit of suspension of sentence.

Thus, Shri Gupta, learned counsel urged that the appellant-

Satish may be granted bail by suspending his remaining jail

sentence.

The prayer is opposed by the learned Government 3 The High Court Of Madhya Pradesh CRA-242-2021 (SATISH Vs THE STATE OF MADHYA PRADESH)

Advocate.

We have heard the learned counsel for the parties and

perused the record.

Learned counsel for the appellant during the course of

arguments relied upon the judgment of the Supreme Court in the

case of Vijayan Vs. State of Kerala reported in (2008) 14 SCC

763 wherein the delay of seven months in recording of the FIR

without any explanation was held to be a ground putting severe

dent on the story of prosecution. Had it been reported promptly,

the appellant would not have been defenceless. He could have

been subjected to DNA test and victim could have been subjected

to medical examination. The relevant portion from the aforesaid

judgment reads as under:-

"5. The present case wholly depends upon the testimony of the prosecutirx. The incident in the present case took place seven months prior to the date of lodging the complaint as a realisaion dawned upon her that she has been subjected to rape by the appellant-accused. No complaint or grievance was made either to the police or the parents prior thereto.

The explanation for delay in lodging the FIR is that the appellant-accused promised her to marry therefore the FIR was not filed. In cases where the sole testimony of the prosecutrix is available, it is very dangerous to convict the accused, specially when the prosecutrix could venture to wait for seven months for filing the FIR for rape. This leaves the accused totally defenceless. Had the prosecutrix 4 The High Court Of Madhya Pradesh CRA-242-2021 (SATISH Vs THE STATE OF MADHYA PRADESH)

lodged the complaint soon after the incident, there would have been some supporting evidence like the medical report or any other injury on the body of the prosecutrix so as to show the sign of rape."

Considering the aforesaid and without expressing any

conclusive opinion on the merits of the case, we deem it proper to

suspend the remaining jail sentence of the appellant-Satish.

Accordingly, I.A.No.378/2021 is allowed. Execution of jail

sentence of the appellant-Satish is hereby suspended and it is

ordered that 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 of the like amount to the satisfaction of

the trial Court with a further direction to appear before the trial

Court, Indore on 22.12.2021 and also on such other dates, as may

be fixed by the trial Court, Indore, in this regard during the

pendency of this appeal.

CC as per rules.

    (SUJOY PAUL)                        (SHAILENDRA SHUKLA)
       JUDGE                                  JUDGE



RJ

 Digitally signed by REENA JOSEPH
 Date: 2021.06.14 22:05:06 -07'00'