Madhya Pradesh High Court
Ram Narayan @ Chhotkava vs The State Of M.P. on 5 May, 2021
Author: Rajendra Kumar Srivastava
1 CRA-3059-2020
The High Court Of Madhya Pradesh
CRA-3059-2020
(RAM NARAYAN @ CHHOTKAVA Vs THE STATE OF M.P. AND OTHERS)
11
Jabalpur, Dated : 05-05-2021
Heard through Video Conferencing.
Shri Abhinav Dubey, Advocate for the appellant.
Shri Yogendra Das Yadav, G.A. for the respondent-State.
Record of the trial Court has been received.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard on I.A. No.6008/2020 an application for suspension of
execution of sentence awarded to the appellant and grant of bail.
Vi de judgment dated 06.03.2020 in Special Case No. 37/2016
passed by learned Special Judge (SC/ST) Act, Rewa, M.P. the appellant
has been convicted for the offence punishable under Section 4 of POCSO
Act and has been sentenced to undergo R.I. for 10 years with fine of Rs.
2,000/- and under Section 456 of IPC and has been sentenced to undergo
R.I. for 3 years with default stipulation in each.
As per prosecution case, on dated 20.04.2016, in the night about
about 11 P.M. appellant-accused entered in the house of prosecutrix aged
about 15 years at the time of incident. Thereafter, appellant-accused
committed intercourse with her. She cried then neighbors reached on the
spot. Appellant-accused caught red-handed. Thereafter, a report has been
lodged against the present appellant-accused.
Learned counsel for the appellant submits that learned Trial Court
has committed grave error to convict and sentence to the appellant-
accused. Learned Trial Court did not appreciate the evidence in
perspective way. Prosecutrix (PW-1) deposed before the learned Trial
Court that at the time of incident, she was sleeping in her house.
2 CRA-3059-2020
Appellant-accused knocked the door. Prosecutrix opened the door.
Appellant-accused entered in her house and then entered in her room and
closed the door of room. Thereafter, he took off all her wore clothes and
committed intercourse with her but she admitted in her cross-examination
that the appellant-accused could not enter in the house from the door, he
was caught on the door, so the evidence of prosecutrix (PW-1) is wholly
unreliable. It is admitted fact that prosecutrix and her family members
work as labourers in the field of appellant-accused due to this, some
dispute arose there and the appellant-accused has been falsely implicated
in this case. Prosecutrix is examined by doctor Smita Agrawal (PW-12).
She deposed before the Trial Court that no injury is found on the body of
prosecutrix. Her secondary sexual characters were well-developed. Her
hymen were also old and ruptured. No sperm was found neither on the
slide of the prosecutrix nor on her pyjama, which is clear from FSL
report, which is annexed as Ex.P-24. So, the medical report and FSL
report of prosecutrix did not support the case of prosecution. Appellant-
accused is in jail since 22.04.2016, so he has served almost half of his
awarded jail sentence. Apart from this, there are material contradiction
and omission in the statement of the prosecution witnesses. So, it is a
case of purely false implication of the appellant. This appeal is of year
2020 and trial will take time to conclude the same. 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 execution of
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 to the present appellant-accused.
On the other hand, learned Panel Lawyer for the respondent-State
opposes the submission of appellant's counsel and prays for rejection of
application.
3 CRA-3059-2020
Heard and perused the record.
Having considered the arguments advanced by learned counsel for
the parties and the facts that prosecutrix (PW-1) admitted this fact in her
cross-examination that appellant-accused could not enter in her house,
although it is alleged by the prosecution that petitioner-accused suddenly
robed the clothes of prosecutrix and committed intercourse with her, she
was examined by the doctor, neither internal nor external injury was
found on her body and when the slide of prosecutrix and her pyjama were
sent for chemical examination to FSL, Sagar which is annexed as Ex.P-
24 then in the report, no sperm is found neither on the slide of the
prosecutrix nor on her pyjama, it is admitted fact that prosecutrix and her
family members works as labourers in the field of present appellant-
accused, appellant-accused is in custody since 22.04.2016, so he has
served almost half of his jail sentence, this appeal is of year 2020, final
hearing of this appeal will take time but without commenting anything on
the merits 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-Ram Narayan
@ Chotkava 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 same like amount to the satisfaction of the trial court for his
appearance before the learned trial court on 27.07.2021 and thereafter on
all other such subsequent dates, as may be fixed by the trial court in this
regard.
In 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.
4 CRA-3059-2020
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 this matter for final hearing in due course, as per listing policy.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
Pallavi
Digitally signed by PALLAVI SINHA
Date: 2021.05.05 17:00:52 +05'30'
