Nageshwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6673 MP

                       Cr.A. No. 10845/2019
                                                        1
                 (Nageshwar and others Vs. State of M.P.)


        The High Court Of Madhya Pradesh

Indore : 22/10/2021 :-
        Shri Avinash Sirpurkar, learned Senior Counsel with Shri Yogesh
Gupta counsel for appellant No.1-Nageshwar Yadav.
        Ms.Archna Kher, learned Dy.A.G. for the respondent/State.

Heard on IA No.3689/2021 which is first application filed under Section 389 (1) of Code of Criminal Procedure, 1973 seeking suspension of sentence filed on behalf of appellant No.1-Nageshwar who has been convicted by Additional Sessions Judge, Badnavar, District-Dhar (MP) in Session Trial No.42/2018 vide judgment dated 05.11.2019 and sentenced him as under:-

Conviction Imprisonment Fine amount Imprisonment in lieu of fine 454 IPC 2 years RI Rs.2,000/- 2 months RI 376(2)(F) 10 years RI Rs.2,000/- 2 months RI 376-D 20 years RI Rs.1,00,000/- 6 months RI 506(part-II) 2 years RI Rs.1,000/- 1 month RI

Learned Senior Counsel for appellant No.1 submits that appellant has been falsely arraigned and incorrectly convicted by the court below. The alleged incident of rape had taken place on 21.5.2018. As per prosecution story, three persons including the appellant No.1 allegedly sexually assaulted the complainant. The FIR was lodged on 26.7.2018. There is no plausible and justifiable reason of inordinate delay in lodging the FIR. The story of prosecution that videography of incident of rape was circulated through electronic mode was not found proved by the court below. Reliance is placed on paragraph Nos.57 and 58 of the impugned judgment. In addition, by taking this Court to the cross-examination of prosecutrix (para 14), it is submitted that till 26.7.2018 when the video was allegedly seen by the prosecutrix in the mobile phone of her husband, she was leading a normal life. She had categorically admitted that the video of incident of rape was not at all circulated by the accused persons. In this view of the matter it is urged that final hearing of the appeal will take time and appellant No.1 prima facie is not guilty of the alleged offence, the Cr.A. No. 10845/2019

(Nageshwar and others Vs. State of M.P.)

remaining jail sentence be suspended.

Prayer is opposed by learned Dy.A.G..

We have heard the parties and gone through the reply filed by the respondent/State.

In view of findings given by the court below in paragraph Nos. 58 and 59 coupled with the statement of prosecutrix mentioned hereinabove, without commenting upon merits of the case, we deem it proper to suspend the remaining jail sentence of appellant No.1-Nageshwar.

Accordingly, IA No.3689/2021 is allowed. The substantive jail sentence of appellant No.1-Nageshwar is suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on 22.12.2021 and on all other subsequent dates as may be fixed by the trial court in this behalf.

IA No.3689/2021 stands disposed of.

There is nobody to press I.A.No.18983/2021. I.A.No.18983/2021 is dismissed for want of prosecution.

                                     Certified copy as per Rules




                                (Sujoy Paul)                                 (Shailendra Shukla)
                                    Judge                                          Judge
   mk


SMT
        Digitally signed by SMT
        MUKTA KOUSHAL
        DN: c=IN, o=HIGH COURT OF
        MADHYA PRADESH BENCH


MUKTA
        INDORE, ou=HIGH COURT OF
        MADHYA PRADESH BENCH
        INDORE,
        postalCode=452001,


KOUSH
        st=Madhya Pradesh,
        2.5.4.20=d5113389cae2680f9
        a644a283e4712f4e3a663a97
        c409a36fa2c3274aef1bfd1,


AL
        cn=SMT MUKTA KOUSHAL
        Date: 2021.10.23 11:46:03
        +05'30'