Mansingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8660 MP

1                              Cr.A.No.831/2022
                        (Man Singh Vs. State of M.P.)

Indore : Dated 29.6.2022
      Shri K.C.Kabra, learned counsel for the appellant.
      Shri    Shaswat      Seth,   learned    Panel     Lawyer   for   the
respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Also heard on I.A.No.1174/2022, application for grant of suspension of sentence filed on behalf of appellant.

The trial Court has convicted the appellants under Section 363 IPC and sentenced to undergo five years' RI with fine of Rs.1,000/-, under Section 366 IPC and sentenced to undergo five years' RI with fine of Rs.1,000/-, under Section 344 IPC and sentenced to undergo six months' RI with fine of Rs.1,000/- and under Section 5L, 5(J)(ii) read with Section 6 of the Protection of Children from Sexual Offences Act and sentenced to undergo ten years RI with fine of Rs.7,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 25.11.2021 passed by Special Judge (POCSO Act), Mandleshwar, West Nimar in S.T.No.203/2018.

Learned counsel for the appellant submits that as per ossification test report dated 25.7.2018, which was not exhibited by the prosecution, but can be taken into consideration in favour of the appellant. Prosecutrix's radiological age was in between 16 to 18 years, therefore, learned trial Court has committed error in holding the fact proved that prosecutrix's age was below 18 years at the time of incident. Prosecutrix

(Man Singh Vs. State of M.P.)

herself deposed that she went with the appellant at different places for a long period, which in itself shows that she was consenting party. Learned trial Court has committed error in holding the appellant guilty for the aforesaid offences. No offence is made out against the appellant. Appellant is in custody since 16.7.2018. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel for the respondent/State has opposed the prayer. Having considered the rival submissions, ossification test report of the prosecutrix attached with the file, statement of the prosecutrix recorded under Section 164 of Cr.P.C. and her statement recorded during trial and also considering over all material produced on record, there is no likelihood of hearing of appeal in near future, but without expressing any opinion on merits of the case, the application I.A.No.1174/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 25.7.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.1174/2022 is allowed.

(Man Singh Vs. State of M.P.)

List for hearing in due course.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.06.30 10:05:40 +05'30'