Madhya Pradesh High Court
Diwakar @ Pappu vs The State Of Madhya Pradesh on 19 July, 2022
Author: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 3304 of 2019
(DIWAKAR @ PAPPU Vs THE STATE OF MADHYA PRADESH)
Dated : 19-07-2022
Ms Sudha Shrivastava, learned counsel for the appellant.
Shri R.S. Bais, learned Public Prosecutor for the respondent/State.
Heard on I.A.No.1206/2021, which is 2nd repeat application filed under
Section 389(1) of Cr.P.C, for suspension of jail sentence moved on behalf of
the appellant - Diwakar alias Pappu.
H is first application was dismissed as withdrawn vide order dated
27.09.2019.
Appellant has been convicted for the offence punishable under Section
5(L) r/w 6 of Protection of Children from Sexual Offences Act, 2012 and
sentenced to undergo RI for 10 years with fine of Rs.1000/- with default
stipulation and further convicted u/S 376(2)(n) , but in view of Section 42 of
POCSO Act not sentenced under the said Section vide judgment of conviction
and order of sentence dated 18.01.2019 passed in ST No. 70/2015.
Prosecution story in brief is that appellant committed rape upon minor
prosecutrix.
Learned counsel for the appellant submits that as per prosecution case
itself, prosecutrix was 17 years and 3 months of age at the time of incident.
Prosecution has not produced any other documents as proof of age except
scholar register (Ex. P-12) wherein date of birth of prosecurtrix was written as
20.06.1997 on the basis of earlier school leaving certificate, which is though not
Signature Noton record.
Verified Appellant has already suffered more than 04 years of custody out of
Signed by: SEHAR
HASEEN
the sentence awarded to him. There is no likelihood of hearing of the appeal in
Signing time: 7/20/2022
10:22:42 AM
near future. With the aforesaid, prayer is made for suspension of the remaining
custodial period of the appellant and grant of the bail to the appellant.
Learned Panel Lawyer for the respondent/state opposes the prayer for
suspension of remaining jail sentence with the submission that prosecutrix was
minor at the time of incident and offences alleged against the appellant are
serious in nature. Hence, no case for suspension of sentence and grant of the
bail to the appellant is made out .
Having considered the rival submission, evidence produced on record
and the period of custody suffered by 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.1206/2021 is allowed and jail sentence of the appellant shall
remain suspended.
I t 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.
C.c. as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
sh
Signature Not Verified
Signed by: SEHAR
HASEEN
Signing time: 7/20/2022
10:22:42 AM
