Massu Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 9699 MP

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                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                               CRA No. 3635 of 2022
                                                       (MASSU KHAN Vs THE STATE OF MADHYA PRADESH)

                                  Dated : 14-07-2022
                                          Shri Shalilendra Dwivedi, learned counsel for the appellant.

                                          Shri Chandrapal Singh Parmar, learned G.A. for the respondent / State.

Record has been received.

Heard on the question of admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on I.A.No.11048/2022, which is an application for suspension

of custodial sentence passed against appellant Massu Khan and release him on bail.

This appeal has been preferred against the judgment dated 16/03/2022 p as s ed by Additional Sessions Judge, Bairasiya, District Bhopal in S.T. No.27/2021 whereby learned Additional Sessions Judge found the appellant guilty for the offence punishable under Sections 7/8 of the POCSO Act and Sections 363, 366, 506 of the IPC and sentenced him to undergo R.I. for three years with fine of Rs.2,000/-, R.I. for three years with fine of Rs.2,000/-, R.I. for five years with fine of Rs.3,000/- and R.I. for one year with fine of

Rs.1,000/-.

Learned counsel for the appellant submits that according to prosecution case on 28/09/2017 applicant Massu Khan and co-accused Aman Lohiya & Akash abducted the prosecutrix, who was minor and took her to Narsinghgarh, from where co-accused Aakash and Raman took the prosecutrix to Kota Signature Not Verified SAN (Rajasthan), but the name of the appellant is not mentioned in the case diary Digitally signed by ANURAG SONI Date: 2022.07.14 17:33:43 IST statement of prosecutrix, which clearly shows that the prosecutrix did not know

the appellant. Police did not get the test identification parade of appellant conducted and wrongly implicated him in the crime. Prosecutrix in her Court statement deposed that she knows appellant Massu Khan, while in her case diary statement the name of appellant is not mentioned, which clearly shows that the prosecutrix falsely implicated the appellant in the crime. Learned trial Court without appreciating all these facts wrongly found the appellant guilty for the aforesaid offences. He further submitted that the appellant has no criminal past. During trial of the case appellant remained in custody from 07/12/2017 to 27/01/2018 and is in custody since the date of judgment i.e. 16/03/2022, thus he has already suffered six months in jail. Hence, prayed for suspension of the jail

sentence and release of the appellant on bail since the hearing of this appeal will take time.

Learned counsel for the State opposed the prayer and submitted that from the prosecution evidence guilt of the appellant is clearly proved, so the learned trial Court did not commit any mistake in finding the appellant guilty for the aforesaid offences, so the sentence of the appellant should not be suspended.

Looking to the facts and circumstances of the case, contention of learned counsel of the appellant and the fact that the appellant is a young boy aged about 22 years, he has no criminal past, during trial of the case appellant remained in custody from 07/12/2017 to 27/01/2018 and is in custody since the date of judgment i.e. 16/03/2022 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the jail sentence alone passed against appellant shall remain Signature Not Verified SAN

suspended during the pendency of this appeal and he be released on bail upon Digitally signed by ANURAG SONI Date: 2022.07.14 17:33:43 IST

his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand

only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 06/12/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List the case for final hearing in due course.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2022.07.14 17:33:43 IST