Govind Prajapati vs The State Of Madhya Pradesh
2022 Latest Caselaw 16509 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 4319 of 2022
                                          (GOVIND PRAJAPATI Vs THE STATE OF MADHYA PRADESH)

                         Dated : 13-12-2022
                               Mr. Dhananjay Chaturvedi - Advocate for appellant Govind Prajapati.

                               Mr. S. K. Kashyap - Government Advocate for respondent/State.

Heard on admission.

The appeal is admitted for final hearing.

Also heard on I.A. No.8388/2022 application for suspension of

sentence and grant of bail to appellant Govind Prajapati arising out of judgment dated 23/03/2022 delivered in S.T. No.346/2017 by the Special Judge (POCSO Act, 2012) Jabalpur.

The appellant has been convicted for the offence punishable under Section 376(d) of IPC and sentenced to undergo R.I. for 22 years with fine of Rs.5000/- and under Section 323 of IPC and sentenced to undergo R.I. for six months with fine of Rs.100/-, with default stipulation.

Learned counsel for this appellant submits that appellant is co-accused with main accused Rambahor Kol. This Court has granted benefit of

suspension of sentence to Rambahor Kol in CRA No.3563 of 2022. The appellant's case is better than Rambahor Kol's case and therefore, remaining jail sentence of this appellant may be suspended.

Shri Kashyap, learned Government Advocate opposed the prayer but he did not dispute that this Court has granted bail to main accused Rambahor Kol.

The operative portion of the order dated 13/12/2022 passed in Rambahor Kol (CRA No.3563/2022), which reads as under :-

"As per prosecution story, the prosecutrix (PW-1) lodged Signature Not Verified Signed by: MANJU Signing time:

12/14/2022 1:23:57 PM

an FIR and stated that on 14/10/2017 at around 4:00 P.M., she met with appellant Rambahor Kol. Appellant Rambahor Kol along with Govind Prajapati took her in a motorcycle to his village Govindgarh. Near Govindgarh river, appellant Rambahor Kol sexually assaulted her and co-accused Govind Prajapati caught hold of her. By taking this Court to the FIR, the statement of prosecutrix recorded under Section 164 of the Cr.P.C. on 23/10/2017 and also her Court's statement, Shri Ashutosh Tiwari, learned counsel for the appellant urged that in her examination-in-chief, she deposed that she was sexually assaulted by Rambahor Kol in an agricultural field of 'Arhar'. This does not tally with the statement made in the FIR as well as in the statement recorded under Section 164 of the Cr.P.C. on 23/10/2017. In Para-4 & 5 of cross-examination also, she did not support the prosecution story which was flowing from the FIR and which should have been in consonance with description given in her statement recorded under Section 164 of the Cr.P.C. The prosecutrix was not declared as hostile. The medical evidence and FSL report does not support prosecution story. Considering the aforesaid, the remaining jail sentence of this appellant may be suspended. Considering the averments of FIR allegedly lodged by victim herself coupled with her statement recorded under Section 164 of the Cr.P.C. and her Court's statement, prima facie there are material omissions and contradictions and, therefore, without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, the I.A.No. 7973/2022 is allowed.'

Considering the aforesaid, we deem it proper to suspend the remaining jail sentence of this appellant. Accordingly, I.A.No.8388/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant Govind Prajapati is hereby suspended. It is directed that the appellant shall be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction Signature Not Verified Signed by: MANJU Signing time:

12/14/2022 1:23:57 PM

of the concerned trial Court with a further direction to appear before the trial Court, Rewa on 06/03/2023 and also on such other dates, as may be fixed by the Court in this regard during the pendency of this appeal.

C.C. as per rules.

                            (SUJOY PAUL)                                (PRAKASH CHANDRA GUPTA)
                               JUDGE                                              JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
12/14/2022 1:23:57 PM