Dharmendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 4529 MP

1                          Cr.A.No.9588/2019
                     (Dharmendra Vs. State of M.P.)

Indore : Dated 30.3.2022
      Shri Jitendra Sharma, learned counsel for the appellant.
      Shri   Akash    Sharma,     learned   Govt.Advocate        for   the
respondent/State.

Heard on I.A.No.12999/2021, second application for grant of suspension of sentence.

The trial Court has convicted the appellant under Section 376 of IPC and sentenced to undergo seven years' RI with fine of Rs.5,000/- and under Section 450 of IPC and sentenced to undergo three years' RI with fine of Rs.1,000/- with default stipulation, vide judgment of conviction and order of sentence dated 31.10.2019 passed by 6 th Addl.Sessions Judge/Special Judge (Protection of Children from Sexual Offences Act), Ujjain, District Ujjain in ST No.150/2017.

Prosecution story, in brief, is that appellant entered into the house of minor prosecutrix aged about 15 years and forcefully committed sexual intercourse and threatened her to kill.

Learned counsel for the appellant submits that appellant's first application was dismissed as withdrawn vide order dated 13.8.2020. Appellant is in custody since 31.10.2019 and has suffered four years and two months out of total sentence awarded to him. The prosecution has not examined any material witness with regard to the fact that prosecutrix was minor at the time of incident. Prosecutris has stated that she lodged another report against one Mukesh , therefore, the whole prosecution story is doubtful and learned trial Court has

(Dharmendra Vs. State of M.P.)

committed error in holding the appellant guilty. The appellant was on bail during trial and he has not misused the liberty granted to him. 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 appearing for the respondent/State has opposed the prayer and submits that from DNA report it is established that prosecutrix got pregnant with the appellant. Prosecutrix was minor at the time of incident and learned trial Court has not committed any error in convicting the appellant for the aforesaid offences.

Considering the rival submissions, material pointed out by learned counsel for the appellant, period of incarceration, which is more than half of the total sentence awarded to the appellant and there is no likelihood of hearing of appeal in near future, without expressing any opinion on merits of the matter I.A.No.12999/2021 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 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 their appearance before the Registry of this Court firstly on 13.06.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

(Dharmendra Vs. State of M.P.)

I.A.No.12999/2021 is allowed.

List in due course.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.03.31 10:02:02 +05'30'