Mehtab Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3326 MP

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                                                 The High Court Of Madhya Pradesh
                                                          CRA No. 6212 of 2021
                                                           (MEHTAB SINGH Vs THE STATE OF MADHYA PRADESH)

                                      Jabalpur, Dated : 09-03-2022
                                            Shri Sharad Verma, learned counsel for the appellant.

                                            Shri A.S. Baghel, learned Govt. Advocate of the respondent/State.

IA No. 18663/21, an application for suspension of sentence and grant of bail is taken up. The present appellant has been convicted under Section 376 of IPC and sentenced to undergo rigorous imprisonment for 12 years with fine of Rs. 10,000/- with default stipulation.

Learned counsel for the appellant submits that as per prosecution story, the prosecutrix lodged a complaint on 13-03-2018 at about 18:45 hours that her sister had died 5-6 years ago and her brother-in-law (Jija)-the accused Mehtab Singh used to come and go at her home and he came at her home 7-8 months ago and stayed there for 2-3 days and committed sexual intercourse forcibly against her will, which was not disclosed by her because of social fear. Upon raising of pains in the stomach, she told her mother about the incident and last night a child was born to her. Upon that basis, the case was registered under Section 376 of IPC at Crime No. 90/18.

It has been submitted by the counsel for the appellant that he has not committed rape on the prosecutrix but its a case of consent and the learned Court has not considered that on the date of incident, the prosecutrix was major and there is considerable delay in lodging the FIR. Further, it has also been submitted that the prosecutrix has already married to some other person and residing there happily. The story of prosecution is based upon surmises and conjectures. It is submitted that the final hearing of this appeal will take time, and the appellant was on bail during trial and he did not misuse the liberty therefore, it is prayed that remaining jail sentence of the appellant may be suspended.

Learned Govt. Advocate opposed the prayer for grant of bail by taking this Court to various paragraphs of the judgment. He submits that the appellant has Signature Not Verified SAN rightly been found guilty of committing rape and the learned Court below has not Digitally signed by PARMESHWAR GOPE Date: 2022.03.11 14:23:37 IST committed any error of fact or law in holding him guilty.

Considering the aforesaid factual backdrop and looking to the age of the prosecutrix and further causing of delay in lodging the FIR and further without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the present appellant.

Accordingly, IA No. 18663/21 is allowed.

Subject to depositing the fine amount, (if not already deposited ), the remaining jail sentence of the appellant is hereby suspended. The execution of jail sentence of appellant-Mehtab Singh is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs. 50,000/- ( Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Sagar on 29-08-2022 and also on such other dates, as may be fixed by the learned trial Court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy as per rules.

                                           (SUJOY PAUL)                                    (DWARKA DHISH BANSAL)
                                              JUDGE                                               JUDGE

                                      PG




Signature Not Verified
  SAN




Digitally signed by PARMESHWAR GOPE
Date: 2022.03.11 14:23:37 IST