Madhya Pradesh High Court
Raju Rawat vs The State Of M.P on 23 October, 2021
Author: Rajendra Kumar Srivastava
1 CRA-4453-2021
The High Court Of Madhya Pradesh
CRA-4453-2021
(RAJU RAWAT Vs THE STATE OF M.P)
2
Jabalpur, Dated : 23-10-2021
Heard through Video Conferencing.
Shri Rakesh Dwivedi, Advocate for appellant.
Shri Sanjeev Singh Parihar, P.L. for respondent-State.
Heard on I.A. No. 13830/2021 first application for suspension of
execution of sentence awarded to the appellant and grant of bail.
The appeal has been preferred under Section 374(2) of the Cr.P.C.,
1973 b y the appellant/accused against judgment dated 22.07.2021 in
Special Sessions Trial No. 1300070/2016 passed by learned Special
Judge, (POCSO Act)-cum-III Additional Sessions Judge, Sidhi (M.P.),
whereby the appellant stands convicted under Section 354 of the I.P.C.
and sentenced to undergo rigorous imprisonment for 3 years and fine in
the sum of Rs. 500/-, Section 354-A (1) of the I.P.C. and sentenced to
undergo rigorous imprisonment for 2 years and fine in the sum of Rs.
300/- & Section 7/8 of POCSO Act and sentenced to undergo rigorous
imprisonment for 3 months and fine in the sum of Rs. 500/- with default
stipulation respectively.
A s per the prosecution case, on 23.05.2016, appellant-accused
caught hold the hand of prosecutrix aged 16 years 5 months and pressed
her cheeks in order to outrage her modesty. Prosecutrix cried, then
appellant-accused ran away. FIR was lodged.
Learned counsel for the appellant submits that learned trial Court
committed grave error to convict and sentence to the appellant/accused.
Learned trial Court did not appreciate the evidence in prospective way.
There is material contradictions and omissions in the evidence of the
prosecution witnesses. Statement of prosecutrix is not wholly reliable.
Signature Not Verified
SAN
Digitally signed by ARVIND KUMAR
MISHRA
Date: 2021.10.23 17:50:22 IST
2 CRA-4453-2021
Learned trial court already suspended the execution of sentence and
grated bail to the appellant-accused. This appeal is of the year 2021,
final hearing of this appeal will take time. There is every possibility to
succeed in this appeal. Under these circumstances, if the execution of jail
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 its rejection.
Hearing arguments advanced by learned counsel for the parties and
this fact that learned trial court already suspended the execution of
sentence and grated bail to the appellant-accused, this appeal is of the
year 2021, 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- Raju Rawat
shall remain suspended during the pendency of this appeal 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 20.12.2021 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.
List this matter for final hearing in due course, as per listing policy.
C.C. as per rules.
Signature Not Verified
SAN
Digitally signed by ARVIND KUMAR
MISHRA
Date: 2021.10.23 17:50:22 IST
3 CRA-4453-2021
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
MISHRA
Signature Not Verified
SAN
Digitally signed by ARVIND KUMAR
MISHRA
Date: 2021.10.23 17:50:22 IST
