Devraj vs The State Of Madhya Pradesh
2022 Latest Caselaw 10310 MP

                                    1
           IN THE HIGH COURT OF MADHYA PRADESH
                         AT INDORE
                           CRA No. 2784 of 2022
                     (DEVRAJ Vs THE STATE OF MADHYA PRADESH)

Dated : 29-07-2022
      Shri Ashish Joshi, learned counsel for the appellant.

      Shri Sudhanshu Vyas, learned Govt. Advocate for the respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Further heard on I.A.No.4293/2022, which is an application filed

under Section 389(1) of Cr.P.C, for suspension of jail sentence moved on behalf of the appellant - Devraj.

Appellant has been convicted for the offence punishable under Sections 363, 366 of I.P.C. and under Section 3 read with section 4 of Protection of Children From Sexual Offence Act, 2012. and sentenced to undergo 3 years R.I., 5 years R.I. and 10 years R.I. with fine of Rs.1000/-, R s . 1000/- and Rs. 4000/- respectively with default stipulation vide judgement dated 24.02.2022 passed by the Second Additional District Judge, Shujalpur, District Shujalpur, M.P.

Learned counsel for the appellant submits that admittedly the appellant and prosecutrix were known to each other and were having affairs. The prosecutrix in her statement recorded under Section 164 of Cr.P.C. has specifically admitted that she has shown her Adar Card wherein her date of birth is written 30.05.2002 and according to which she was major at the time of incident. Thereafter both have registered the marriage in the Court, the affidavit executed by the prosecutrix in this

regard is on record therefore, it cannot be said that the appellant knowing t h e fact that the prosecutrix was minor at the time of incident and solemnized marriage with her. It is apparent from the statement of the prosecutrix that she was consenting party in the matter. The learned trial court has committed error in holding the guilty to the appellant for the above offences. There is no likelihood of hearing of the appeal in near future. In support of his contention, learned counsel for the appellant has placed reliance on the judgment passed by Calcutta High Court in case of Ranjit Rajbanshi Vs. The State of West Bengal and Others in Cr.A. No. 458/2018. With the aforesaid, prayer is made for suspension of the

remaining custodial period of the appellant and grant of the bail.

Learned counsel for the respondent has opposed the prayer by submitting that the prosecution has submitted High School Certificate of the prosecutrix wherein her date of birth is written as 03.05.2003 and according to which she was minor at the time of incident. The offence alleged against the appellant is in serious nature. Hence, no indulgence is warranted.

Having considered the rival submissions and material pointed out by the learned counsel for the appellant that the statement of the prosecutrix recorded under Section 164 of Cr.P.C. Ex. D/4 wherein she has stated that she herself shown her Adar Card to the appellant wherein her date of birth is written as 30.05.2002 and according to which at the time of incident, she was major and also considering the period custody of the appellant, this Court is of the considered view that it is a fit case for suspension of the

sentence and grant of bail to the appellant. Hence,without expressing any opinion on merits of the matter I.A.No.4293/2022 is allowed and jail sentence of the appellant shall remain suspended with stringent condition.

It is directed that subject to depositing the fine amount, if already not deposited he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty thousand only) along with a solvent surety in the like amount to the satisfaction of the Trial Court, for his appearance before the Registry of this Court firstly on 29.09.2022 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

Certified copy, as per Rules.

(SATYENDRA KUMAR SINGH) JUDGE

Praveen

Digitally signed by PRAVEEN NAYAK Date: 2022.07.30 10:37:39 +05'30'