Madhya Pradesh High Court
Anil @ Manish vs The State Of Madhya Pradesh on 15 September, 2021
Author: Rajendra Kumar Srivastava
1 CRA-2611-2015
The High Court Of Madhya Pradesh
CRA-2611-2015
(ANIL @ MANISH Vs THE STATE OF MADHYA PRADESH)
10
Jabalpur, Dated : 15-09-2021
Heard through Video Conferencing.
Shri Mithilesh Prasad Tripathi, Advocate for the appellant.
Shri Santosh Yadav, Panel Lawyer for the respondent-State.
Record of the trial Court has been received.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard on I.A. No.11663/2021 an application (second) for
suspension of execution of sentence awarded to the appellant and grant of
bail. The first application was dismissed as withdrawn vide order dated
27.06.2018.
The appeal has been preferred under Section 374(2) of the Cr.P.C.,
1973 b y the appellant/accused against judgment dated 25.08.2015 in
Special Trial No. 116/14 passed by learned 1st Addl. Sessions Judge,
Khandwa, Distt.-Khandwa (M.P.), the appellant has been convicted for
the offence punishable under Section 363 of IPC and has been sentenced
to undergo R.I. for 2 years with a fine of Rs. 1,000/-, Section 366 of
I.P.C. and has been sentenced to undergo R.I. for 3 years with a fine of
Rs.1,000/- and Section 5(i)/6 and has been sentenced to undergo R.I. for
10 years with a fine of Rs. 10 years with default stipulation in each.
As per prosecution case, on dated 05.04.2014, prosecutrix aged
about 16 years was missing from her house. She was searched but not
found. Then, FIR was lodged vide Ex. P-1 was lodged. On dated
14.05.2014, prosecutrix was recovered from the possession of the
present appellant-accused vide Ex. P-4. It is alleged by the prosecution
that appellant-accused kidnapped prosecutrix and took her at various
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SAN
Digitally signed by PALLAVI SINHA
Date: 2021.09.15 17:20:36 IST
2 CRA-2611-2015
places and committed intercourse with her.
Learned counsel for the appellant submits that appellant/accused
has falsely been implicated in this case. Learned trial Court has
committed grave error to convict and sentence the appellant-accused.
Learned trial Court did not appreciate the evidence in perspective way.
Girdhari Singh Chouhan (PW-13) is the Principal of Primary School
Naandkheda who deposed before the trial Court that date of birth of the
prosecutrix is 20.10.1998 and produced admission register vide Ex. P-18
in this regard but he admitted in his cross-examination that in the school
register, the estimated date of birth of prosecutrix is mentioned. The
parents of the prosecutrix did not disclose the date of birth of
prosecutrix. So the age of prosecutirx is not proved. Prosecutrix (PW-7)
deposed before the trial Court that she was familiar with appellant-
accused. She went with appellant-accused at various places. Appellant-
accused wants to solemnize marriage with prosecutrix. There are
material contradictions and omissions in the evidence of the prosecution
witnesses. Appellant/accused is in custody since 25.08.2015 and during
trial, he remained in jail from 15.05.2014 to 14.07.2014 so he has served
almost more than 6 years of jail sentence out of 10 years. This appeal is
o f the year 2015. It is the time of COVID-19 pandemic, due to which
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.
Heard and perused the record.
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SAN
Having considered the arguments advanced by learned counsel for
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Date: 2021.09.15 17:20:36 IST
3 CRA-2611-2015
the parties and this fact that the age of prosecutrix is disputed, she lived
with appellant-accused for some time, appellant-accused is in jail since
25.08.2015 and during trial he remained in jail from 15.05.2014 to
14.07.2014, so he has served more than six years of jail sentence out of
10 years conviction, this appeal is of the year 2015, it is the time of
pandemic COVID-19, due to which 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-Anil @ Manish
shall remain suspended during the pendency of this appeal and he be
released on bail 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 22.11.2021 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.
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
'Corona Virus disease'. For this purpose appropriate tests will be
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carried out.
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.09.15 17:20:36 IST
4 CRA-2611-2015
3 . If it is found that the appellant is suffering from 'Corona
Vi r u s disease', necessary steps will be taken by the concerned
authority by placing him in appropriate quarantine facility.
List this matter for final hearing in due course, as per listing policy.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
Pallavi
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SAN
Digitally signed by PALLAVI SINHA
Date: 2021.09.15 17:20:36 IST
