Madhya Pradesh High Court
Rajul @ Raju Saket vs The State Of Madhya Pradesh on 7 May, 2021
Author: Chief Justice
1 CRA-2241-2020
The High Court Of Madhya Pradesh
CRA-2241-2020
(RAJUL @ RAJU SAKET Vs THE STATE OF MADHYA PRADESH)
6
Jabalpur, Dated : 07-05-2021
Heard through Video Conferencing.
Shri Sanjeev Kumar Singh, Advocate for the appellant.
Shri A Rajeshwar Rao, Government Advocate for the respondent-
State.
I.A. No.4510/2020:
This is the first application under Section 389 CrPC on behalf of
appellant - Rajul alias Raju Saket who has been convicted for the offence
punishable under Sections 363, 366(ka), 376(1) of the IPC and further
convicted under Section 3/4 of the Protection of Children From Sexual
Offences Act, 2012 and sentenced to undergo rigorous imprisonment for 11
years and other sentences with fine and default stipulations, as mentioned in
the impugned judgment.
Contention of the learned counsel for the appellant is that the accused-
appellant and the prosecutrix were having consensual relationship. While the
prosecutrix was aged 18 years, the accused was 23 years of age at the time of
incident. Learned counsel further submitted that the prosecutrix has turned
hostile and she, in her cross-examination, clearly admitted that her parents
have now solemnized her marriage with the accused-appellant and that she is
having two children out of the wedlock with the accused-appellant. Father of
the prosecutrix, Raghunandan Saket (PW-2) and mother Shyamwati (PW-3)
have not supported the case of the prosecution and have also turned hostile.
They have admitted that the prosecutrix was major at the time of incident.
Learned counsel further urged that hearing of the appeal is likely to take a long
time.
Learned Government Advocate appearing for the State has opposed
the application for suspension of sentence.
2 CRA-2241-2020
Having regard to the rival submissions made and considering the
totality of the circumstances and evidence on record but without expressing
any opinion on the merits of the case, we are inclined to allow this application
and suspend the sentence awarded to the appellant.
Accordingly, it is directed that the remaining part of the jail sentence
imposed upon the appellant shall remain suspended during the pendency of
the appeal and he shall be enlarged on bail upon his furnishing a personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with two sureties
of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of
the trial Court.
The jail authorities shall have the appellant checked by the jail doctor to
ensure that he is not suffering from the Coronavirus and if he is, he shall be
sent to the nearest hospital designated by the State for treatment. If not, he
shall be transported to his place of residence by the jail authorities.
I.A. No.4510/2020 stands allowed and disposed of.
C.C. as per rules.
(MOHAMMAD RAFIQ) (ATUL SREEDHARAN)
CHIEF JUSTICE JUDGE
S/
Digitally signed by SACHIN CHAUDHARY
Date: 2021.05.07 16:38:31 +05'30'
