Narayan vs The State Of Madhya Pradesh
2021 Latest Caselaw 6553 MP

            HIGH COURT OF MADHYA PRADESH,
                    BENCH AT GWALIOR
                      Cr.A. No.4793/2020
              (Narayan Vs. State of Madhya Pradesh)
                                      (1)

Gwalior, dated : 20/10/2021

      Shri S.K.Shrivastava, Advocate for the appellant.

      Shri       Rajesh    Shukla,      Public   Prosecutor      for    the

respondent/State.

Heard on I.A. No.17346/2020, which is an application for

suspension and sentence and grant of bail to the appellant.

This criminal appeal assails the judgment dated 18.03.2020

passed in Special Case No.18/2018 by Special Judge (under the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act (for short "the Act")), Vidisha whereby appellant though

convicted under sections 363, 366, 376(2) of the IPC, S.6 of POCSO

Act, 2012 and Ss.3(2)(va) and 3(2)(v) of the Act has been sentenced

as under:

Under sections            Custodial Sentence      Fine
366 of the IPC            R.I. for 3 years        Rs.1,000/- in default to
                                                  suffer        additional
                                                  imprisonment    for    6
                                                  months
376(2) of IPC             Life imprisonment       Rs.5000/- in default to
                                                  suffer additional R.I. for
                                                  1 year
3(2)(v) of the Act        Life imprisonment       Rs.1000/- in default to
                                                  suffer additional R.I. for
                                                  6 months.
3(2)(va) of the Act       R.I. for 1 year         Rs.1000/- in default to
                                                  suffer R.I. for six
                                                  months.

with the direction that the custodial sentences shall run concurrently.

Learned counsel for the appellant submits that the learned trial

Court has erred in appreciating the evidence on record. The trial HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.4793/2020 (Narayan Vs. State of Madhya Pradesh)

Court has held the prosecutrix to be a minor on the basis of entry in

school register, whereas this Court in the case of Rabiya Bano Vs.

Rashid Khan and another (2017 (3) MPLJ (Cri) 649) has held

that in absence of any documentary proof to support the entry in the

school register, the said evidence of school entry register cannot be

the last word for proving the age of prosecutrix. For this, reliance has

also been placed on decisions in the cases of Rohidas and another

Vs. State of Maharashtra (2017 ALL MR (Cri) 4504) and

Meenakshi Madan Rai & Bhaskar Raj Pradhan (2018 ALL MR

(Cri) Journal 21). It is further submitted that in spite of

recommendation by Dr. Vinita Agrawal (PW5) to conduct the

ossification test, the same was not carried out. Disposal of this

appeal is likely to take time and owing to COVID-19 outbreak,

detention of appellant in already congested prisons may be

detrimental. He is ready to abide by the terms and conditions as may

be imposed by this Court. With the aforesaid submissions, prayer for

suspension of sentence is made.

The prayer is opposed by learned Public Prosecutor.

An early hearing of this case is not possible. Taking into

consideration the overall facts and circumstances of the case, but

without expressing any opinion on the merits thereof, the I.A. is

allowed.

It is, therefore, directed that if appellant namely Narayan

deposits the entire fine amount, if not already deposited, and HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.4793/2020 (Narayan Vs. State of Madhya Pradesh)

furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty

thousand) with a solvent surety in the like amount to the satisfaction

of trial Court for his appearance before the Registry of this Court on

22nd November, 2021 and on such subsequent dates as may be fixed

in this regard, sentences of imprisonment awarded to him shall

remain suspended till further orders and he shall be released on bail.

The appellant shall furnish a written undertaking that he will abide

by the terms and conditions of various circulars, as well as, orders

issued by the Central Government, State Government and local

administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

Certified copy as per rules.

             (S.A.Dharamdhikari)                           (Deepak Kumar Agarwal)
                   Judge                                           Judge
(and)

        ANAND
        SHRIVASTAVA
        2021.10.21
        14:41:46
        +05'30'