Madhya Pradesh High Court
Akram vs The State Of Madhya Pradesh on 29 April, 2022
Author: Satyendra Kumar Singh
1 Cr.A.No.7546/2021
(Akram and others Vs. State of M.P.)
Indore : Dated 29.4.2022
Shri Himanshu Thakur, learned counsel for the appellant
No.3/Ashabua and appellant No.4/Praveen.
Shri Mukesh Kumawat, learned Govt.Advocate for the
respondent/State.
Heard on I.A.No.2027/2022, which is first application filed under
Section 389(1) of Cr.P.C.on behalf of appellants No.3 and 4 for grant of
suspension of sentence filed on behalf of appellant.
The trial Court has convicted the appellants No.3 and 4 under
Section 363 of IPC and sentenced to undergo two years' RI with fine of
Rs.1,000/-, under Section 365 of IPC and sentenced to undergo three
years' RI with fine of Rs.2,000/-, under Section 366 of IPC and sentenced
to undergo three years' RI with fine of Rs.2,000/-, under Section 368 of
IPC and sentenced to undergo three years' RI with fine of Rs.2,000/- and
under Section 16/17 read with Section 4 of the Protection of Children
from Sexual Offences Act and sentenced to undergo ten years' RI with
fine of Rs.5,000/-, with default stipulation, vide judgment of conviction
and order of sentence dated 24.11.2021 passed by Special Judge
(POCSO Act), Mandsaur, District Mandsaur in Special
S.T.No.300142/2015.
Prosecution story, in brief, is that appellants No.3 and 4 alongwith
appellants No.1 and 2 and co-accused Rahul kidnapped/abducted
complainant's minor niece aged about 16 years secretly and wrongfully
confined her and assisted co-accused Rahul in committing rape upon her.
(Akram and others Vs. State of M.P.)
Learned counsel for the appellants No.3 and 4 submits that it has
been alleged against the appellants that they assisted co-accused Rahul
and others in kidnapping and keeping her secretly and wrongfully
confined her and also assisted co-accused Rahul for committing rape
upon her. Prosecutrix was not minor at the time of incident as
prosecution has not produced earlier school leaving certificate on the
basis of which prosecutrix's date of birth was written in scholar register
entry Ex.P/15 and also on mark sheet Ex.P/16. Prosecutrix in her FIR as
well as statement stated that after the incident she went to her sister's
house and narrated the incident to her, while her sister PW-8 has been
turned hostile and specifically deposed that prosecutrix did not dell her
about the incident. Prosecutrix did not mention names of appellants No.3
and 4 in her FIR, while her statement recorded during trial she stated
their names. Her statement about the act of these two appellants are
contradictory. Learned trial Court has committed error in holding the
appellants guilty for the aforesaid offences. Appellants are ladies and
appellant No.3 Ashabua was in custody since 15.6.2015 to 25.8.2015 and
appellant No.4 Parveen was in custody since 15.6.2015 to 31.8.2015
during trial and since 24.11.2021 (date of judgment). There is no
likelihood of hearing of appeal in near future. In view of aforesaid,
learned counsel for the appellant prays for suspension of remaining jail
sentence and grant of the bail to the appellant.
(Akram and others Vs. State of M.P.)
Learned counsel appearing for the respondent/State has opposed
the prayer and submits that looking to the nature of allegations the
appellants are not entitled for bail.
Having considered the rival submissions, material produced on
record specifically with regard to age of the prosecutrix and also
considering the statement of prosecutrix, also period of incarceration
already suffered by the appellants and there is no likelihood of hearing of
appeal in near future, but without commenting on merits of the case, the
application I.A.No.2027/2022 is allowed and jail sentence of the
appellants No.3 and 4 shall remain suspended.
It is directed that subject to depositing the fine amount, if already
not deposited, they shall be released on bail, on furnishing personal bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along
with separate solvent sureties in the like amount to the satisfaction of trial
Court, for their appearance before the Registry of this Court firstly on
4.7.2022, and on such other dates, as may be fixed by the Registry in this
regard, till final disposal of this appeal.
I.A.No.2027/2022 is allowed.
List in due course.
C.C. as per rules.
(Satyendra Kumar Singh)
Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2022.04.29
17:42:27 +05'30'
