Rahul vs The State Of Madhya Pradesh
2021 Latest Caselaw 7905 MP

                                                                                1                           CRA-9732-2018
                                                      The High Court Of Madhya Pradesh
                                                               CRA No. 9732 of 2018
                                                                   (RAHUL Vs THE STATE OF MADHYA PRADESH)

                                            10
                                            Indore, Dated : 26-11-2021
                                                     Shri A.K. Saxena, learned counsel for the appellant.
                                                     Shri S. Vyas, Panel Lawyer for respondent/State.

Heard on I.A.No.3147/2021, which is an application for suspension of jail sentence of the appellant (Rahul) who has been convicted by Addl. Sessions Judge, Agar, district Shajapur vide judgment dated 27.11.2018, for

the offence punishable under Section 376(D) of IPC, sentenced to undergo 21 years RI with fine of Rs.2000/- and under Section 506 of IPC, sentenced to undergo 3 years RI with fine of Rs.500/-, with default stipulation on each count.

Learned counsel for the appellant submits that as per prosecution story, the prosecutrix while sleeping at her house was forcibly taken by the appellant and co-accused (Jeevan) on a motor-bike to a distance 2 -3 Kms. The story is untrustworthy because prosecutrix did not raise alarm or asked for any help from anybody. Her clothes were not found to be torned. Her

statement that she was sleeping during the time she was taken to the seen of crime is unbelievable. By taking this Court to the statement of (PW6) who conducted the MLC, it is submitted that in Exhibit P/2, it is clearly mentioned that incident had taken place pursuant to the consent given by the prosecutrix. The same statement was made by PW6 in her deposition. The prosecutrix was found to be major. No definite finding could be given about the sexual assault on her. The appellant is in custody for more than 3 years. The final hearing of this appeal may take time. The appellant may be given the benefit of suspension of sentence.

Learned Panel Lawyer for the State has opposed the prayer for suspension of jail sentence and prays for its rejection. Signature Not VerifiedDigitally signed by SAN SHAILESH Considering the aforesaid factual aspect and without giving any MAHADEV SUKHDEVE Date: 2021.11.26 18:50:36 IST 2 CRA-9732-2018 conclusive opinion, we deem it proper to allow the application for suspension of jail sentence of the appellant. Accordingly, I.A.No.3147/2021 is allowed and it is directed that on depositing the fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court, the substantive jail sentence of the appellant shall remain suspended till the final

disposal of this appeal and he shall be released on bail, for his regular appearance before the trial Court (ASJ, Agar, district Shajapur) on 22.12.2021 and all other subsequent dates, as may be fixed in this behalf by the said Court.

List for final hearing in due course.

C.c as per rules.

                                                (SUJOY PAUL)                                           (PRANAY VERMA)
                                                   JUDGE                                                     JUDGE

                                             SS/-




Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SHAILESH
                       MAHADEV
                       SUKHDEVE
                       Date: 2021.11.26
                       18:50:36 IST