Dinesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 5272 MP

HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No.11131/2019 (Dinesh vs. State of Madhya Pradesh)

Jabalpur, dated : 11.04.2022.

Shri Anurag Sahu, counsel for the appellant/applicant. Shri K.S.Patel, Panel Lawyer for the State. Heard.

Admit.

Also heard on I.A.No.23575/2019 which is the first application under Section 389 (1) CrPC for suspension of custodial sentence.

2. Applicant has been convicted under Section 363 and 366 IPC and sentenced to undergo RI for 3 years with fine Rs.1000/- and RI for 10 years with fine Rs.1,000/- for respective offences; with default stipulation.

3. Learned counsel for the applicant submitted that the victim was a consenting party. Even after having opportunity no physical relation had been made by the applicant. There is no evidence that intention of the applicant was to marry the victim. To substantiate his submission regarding consent of the victim, learned counsel has referred to paragraph 6 of her cross-examination wherein she has admitted that she had gone with the appellant from one village to another to the house of the sister of the applicant on foot and stayed there for a night and in the next morning she was going to Indore with the applicant. When both of them reached the bus stand, her uncle had seen her. Learned counsel drew attention of the Court towards the statement of the victim that her uncle found her alone at the bus stand and when her parents pressurized her, then she revealed the name of the applicant. All that shows that the applicant is not guilty for the offence.

4. It is also submitted that there are no evidence to prove offence under Section 366 IPC. The appellant has completed his sentence awarded under Section 363 IPC, therefore his remaining sentence be suspended.

5. In reply, learned Panel Lawyer has referred to paragraph 24 of the impugned judgment. He also referred to age of the victim which was 16 years and the applicant of 35 years. He invited attention of the Court towards statement of victim given before the trial Court wherein she stated that on the date of incident, accused/applicant threatened her, if she will not accompany him, he will cut her into pieces and throw them away and under such pressure & threat she accompanied him. Looking to the difference of age, the condition of the victim can be imagined. It was the pressure of the applicant, she could not muster courage to reveal anything before sister of the applicant when she stayed in her home for a night. It is further argued that the victim has clearly deposed that intention of the applicant was to marry her. Looking to her age, her consent is immaterial, therefore, the trial Court has rightly convicted the applicant and no case exists in favour of the applicant to suspend his sentence.

6. I have considered the rival contentions of the parties and perused the record.

7. Looking to the deposition of the victim, her uncontroverted age, age of the applicant, other evidence on record as well as other facts and circumstances of the case, no case for suspension is made out, therefore, I.A.No.23575/2019 is dismissed.

(VIRENDER SINGH) JUDGE anand Digitally signed by ANAND KRISHNA SEN Date: 2022.04.12 11:31:53 +05'30'