Ramsoch Kushwaha vs The State Of Madhya Pradesh
2022 Latest Caselaw 5899 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                              CRR No. 1418 of 2022
                  (RAMSOCH KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

Dated : 22-04-2022
      Mr. Arun Kumar Pandey, learned counsel for the applicant.

      Mr. Arvind Singh, learned Government Advocate for the respondent/State.

Heard on admission.

Admit.

Heard on I.A. No.6550/2022 which is an application filed by the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the impugned judgment passed by the lower appellate Court whereby the judgment passed by the trial Court acquitting the applicant, has been reversed. Learned Sessions Judge, Sidhi in Criminal Appeal No.39/2021 convicted the applicant for offences punishable under Section 354 and Section 354-A (1) (ii) of the Indian Penal Code and sentenced him to undergo RI for four years (with fine of Rs.5,000/-) and RI for two years (with fine of Rs.3,000/-), respectively with stipulated default.

Learned counsel for the applicant submits that the lower appellate Court has committed gross error by reversing the well reasoned judgment passed by the trial

Court. The lower appellate Court overlooked the omissions and contradictions of the testimonies of the witnesses. The complaint was lodged by delay of six days for which no explanation has been offered. In support of the contention that judgment of acquittal by the trial Court should not lightly be interfered with by the appellate Court, learned counsel for the applicant has placed reliance on the decisions in the cases of Sampat Babso Kale and another v. State of Maharashtra, (2019) 4 SCC 739 and Rajesh Prasad v. State of Bihar and Another, (2022) 3 SCC 471. In view of the aforesaid, prayer is made to suspend the jail sentence of the applicant and to release him on bail.

Learned Government Advocate for the respondent/State has opposed the prayer made by the applicant.

Heard learned counsel for the parties. The prosecutrix, at the time of the incident, was studying in the same school where the applicant was a teacher and

under the threat to fail her in the examination, the applicant used to commit offence in question. The lower appellate Court found that delay in filing of complaint for such offences by a girl who is student of the same school where the accused is a teacher, is acceptable. The decisions cited by the learned counsel for

the applicant are not applicable to the facts of the case. Having heard learned counsel for the parties, in view of the role attributed to the applicant and findings of the appellate Court, this Court is not inclined to suspend the sentence at this stage.

Accordingly, I.A. No.6550/2022 is dismissed.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.04.27 19:08:46 IST