Ravi Agnihotri vs The State Of Madhya Pradesh
2022 Latest Caselaw 164 MP

THE HIGH COURT OF MADHYA PRADESH Cr.A.5837/2021 Ravi Agnihotri v. State of M.P.

Gwalior, Dated: 04.01.2022

Shri Sanjay Gupta, Counsel for the appellant.

Shri R.K. Awasthy, Counsel for the State.

Heard on the question of admission.

Record of the Court below has been received.

The appeal being arguable is admitted for final hearing.

Heard on I.A. No.31366/2021. This is an application for

suspension of sentence and grant of bail.

The appellant has been convicted for the following offences :

 Conviction U/s Sentence            Fine       Default (in lieu of fine)
 5/ 6 of POCSO 3 years RI           5,000/-    5 months RI
 Act
 366 of IPC     3 years RI          1,000/-    1 month RI

By referring to school marks-sheet of the prosecutrix, Ex. P/8

it is submitted by the Counsel for the appellant that date of birth of

prosecutrix was 22.02.1999, whereas the trial Court has wrongly

mentioned in paragraph 14 of its judgment that the date of birth of

prosecutrix mentioned in her marks-sheet is 22.09.1999. It is further

submitted that no one from the school has been examined to prove

the marks-sheet of the prosecutrix. Even assuming, it is presumed

that date of birth of prosecutrix mentioned in the marks-sheet Ex. P/8

is correct, then it is clear that the prosecutrix was 17 years, 11 months

and 15 days old when she eloped with the appellant on 07.02.2017.

THE HIGH COURT OF MADHYA PRADESH Cr.A.5837/2021 Ravi Agnihotri v. State of M.P.

Furthermore, it is clear from the evidence of the prosecutrix (PW/2)

that she moved with the appellant from one place to another and

stayed in a rest house at Badayun for 17 to 18 days. Thus, the

conduct of the prosecutrix in moving from one place to another is

indicative of fact that she was the consenting party. Without

admitting the date of birth of prosecutrix as 22.02.1999, mentioned in

the marks-sheet (Ex.P/8), it is submitted that otherwise also the

prosecutrix was just 15 days short of 18 years of age. The appellant

had remained in jail from 19.04.2017 to 06.10.2017 as an under-trial

prisoner and now he is in jail from 24 th of June, 2021 i.e. he has

completed one year of actual incarceration. The appellant is ready

and willing to abide by any stringent condition which may be

imposed by the Court and he would appear before the Registry of this

Court regularly without any default.

Per contra, the application is opposed by the Counsel for the

State.

Considering the facts and circumstances of the case, the

application for suspension of sentence is allowed. On furnishing the

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only)

with one surety in the like amount to the satisfaction of the Trial

Court/CJM/Remand Magistrate (Whosoever is available), the

remaining jail sentence shall remain suspended and the appellant

THE HIGH COURT OF MADHYA PRADESH Cr.A.5837/2021 Ravi Agnihotri v. State of M.P.

shall be released on bail.

This order shall remain in force, till the conclusion of the

present appeal. In case of bail jump or violation of any of the

conditions mentioned above, this bail order shall automatically lose

its effect.

The appellant shall appear before the Registry of this Court on

14th of February, 2023 and on all other dates, which may be given by

the Registry in this behalf.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2022.01.04 17:16:28 +05'30'