Madhya Pradesh High Court
Chandrashekhar Adiwasi vs The State Of Madhya Pradesh on 9 September, 2021
Author: Rajendra Kumar Srivastava
1 CRA-2342-2021
The High Court Of Madhya Pradesh
CRA-2342-2021
(CHANDRASHEKHAR ADIWASI Vs THE STATE OF MADHYA PRADESH)
4
Jabalpur, Dated : 09-09-2021
Heard through Video Conferencing.
Shri V.K. Pandey, learned counsel for the appellant.
Shri Pradeep Sahu, learned P.L. for the respondent/State.
Record of the Court below is available.
Heard on the question of admission.
This appeal is admitted for final hearing.
Heard on I.A. No.5561/2021, an application for suspension of
sentence and grant of bail to the appellant-Chandrashekhar Adiwasi.
The appeal has been preferred under Section 374(2) of the
Cr.P.C.,1973 b y the appellant/accused against judgment dated
19.03.2021 passed by learned Special Judge, Chhatarpur, District-Panna
( MP ) in Special Case No.45/2017, by which the appellant has been
convicted for offence under Sections 376(2)(N) of IPC and has been
sentenced to undergo R.I. for 10 years with fine of Rs.10,000/-, Section
343 of IPC and has been sentenced to undergo R.I. for 6 months with fine
of Rs. 1000/-, Section 363 of IPC and has been sentenced to undergo R.I.
for 3 years with fine of Rs. 2000/- and Section 366 of IPC and has been
sentenced to undergo R.I. for 5 years with fine of Rs. 3000/-. Default
stipulations have also been imposed by the trial Court.
Prosecution case, in short, is that on 08.10.2017, prosecutrix aged
about 16 years was missing from her house. She was searched but not
found. Then, her father lodged the report vide Annexure P-6. On
19.11.2017, prosecutrix was recovered. It is alleged by the prosecution
that appellant/accused kidnapped the prosecutrix and kept her in his
home. Thereafter, appellant/accused committed intercourse with her.
Signature Not Verified
SAN
Digitally signed by LALIT SINGH RANA
Date: 2021.09.14 18:23:18 IST
2 CRA-2342-2021
Learned counsel for the appellant/accused submits that learned
trial Court committed grave error to convict and sentence the
appellant/accused. Learned trial Court did not appreciate the evidence in
perspective way. It is not proved that at the time of incident, prosecutrix
was below 18 years. Although Dropati Verma (PW-13) deposed before
the trial Court that date of birth of prosecutrix is 26.12.2001, she also
produced admission registered vide Ex. P-14 but she admitted this fact
that she did not make entry regarding date of birth of prosecutrix at
admission registered. She does not know, what is the source of
information of date of birth of prosecutrix. No other documentary
evidence is available on the record in this regard. The mother of
prosecutrix, father of prosecutrix and brother of prosecutrix and other
relative did not disclose the date of birth of prosecutrix. Due to this, the
age of prosecutrix is not proved. Apart from this, prosecutrix (PW-1)
also admitted this fact that appellant/accused did not kidnap her, father of
prosecutrix rebuked her. Due to this, she had gone. So, there are material
contradictions and omissions in the evidence of witnesses. She also
admitted this fact that she has lodged the report against the
appellant/accused under the instruction of her father and her father
wants to implicate the appellant/accused in this matter. There is enmity
between he appellant/accused and her father. Appellant/accused is aged
about 20 years, he is in custody since 19.03.2021. During the trial, He
remained in jail some days. This appeal is of the year 2021. There are
fair chances to succeed in the appeal. Final hearing of this appeal will
take time. Therefore, the application filed on behalf of the appellant may
be allowed and the period of his remaining jail sentence may be
suspended further and he may be released on bail.
Learned P.L. for the respondent/State has opposed the application.
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SAN
Considering the argument of both the parties and this fact that age
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Date: 2021.09.14 18:23:18 IST
3 CRA-2342-2021
of prosecutrix is disputed, prosecutrix herself admitted in her cross-
examination that appellant/accused did not kidnap her, her father
rebuked her, so, she had gone to the other relative, her father wants to
implicate the appellant/accused in this case, so she lodged the report
under instruction on her father, appellant/accused is in custody since
19.03.2021, this appeal is of the year 2021, it is time of COVID-19 due
to this final hearing of this appeal will take time, but without expressing
any opinion on the merits of the case, I am of the considered opinion that
it would be appropriate to suspend the execution of jail sentence
awarded to the appellant and grant bail to him.
Consequently, I.A. No.5561/2021 is allowed subject to deposit of
fine amount, if not already deposited. The custodial sentence awarded to
the appellant shall remain suspended during the pendency of this appeal.
Appellant-Chandrashekhar Adiwasi be released from custody
subject to his furnishing a personal bond in the sum of Rs. 50,000/-
(Rupees Fifty Thousand Only), with one surety in the like amount, to
the satisfaction of the trial Court. The appellant shall appear and mark
his presence before the trial Court on 25.10.2021 and shall continue to
do so on all such future dates, as may be given by the trial Court in this
behalf, during pendency of the matter.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the
appellant shall also comply with the rules and norms of social distancing.
Further, in view of the order passed by the Hon'ble Supreme Court in
suo moto W.P.No.1/2020, it would be appropriate to issue the following
direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the
appellant by the jail doctor before his release.
2 . The appellant shall not be released if he is suffering from
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'Corona Virus disease'. For this purpose appropriate tests will be carried
SAN
Digitally signed by LALIT SINGH RANA
Date: 2021.09.14 18:23:18 IST
4 CRA-2342-2021
out.
3 . If it is found that the appellant is suffering from 'Corona Virus
disease', necessary steps will be taken by the concerned authority by
placing him in appropriate quarantine facility.
List the matter for final hearing in due course.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
L.R.
Signature Not Verified
SAN
Digitally signed by LALIT SINGH RANA
Date: 2021.09.14 18:23:18 IST
