Madhya Pradesh High Court
Krishna @ Krishna Vallabh vs The State Of M.P. on 5 May, 2022
Author: Satyendra Kumar Singh
1 Cr.A.No.1142/2022
(Kishan @ Krishna Vallabh Vs. State of M.P.)
Indore : Dated 5.5.2022
Shri Yashpal Singh Sisodiya, learned counsel for the appellant.
Shri Mukesh Sharma, learned Govt.Advocate for the
respondent/State.
Heard on admission.
The appeal is admitted for final hearing.
Also heard on I.A.No.1639/2022, first application for grant of
suspension of sentence filed on behalf of appellant.
The trial Court has convicted the appellant under Section
376(2)N of IPC and under Section 3/4 of the Protection of Children
from Sexual Offences Act and sentenced to undergo ten years' RI with
fine of Rs.2,000/-, with default stipulation, vide judgment of
conviction and order of sentence dated 6.1.2022 passed by Special
Judge (POCSO Act), Barnagar, District Ujjain in Special Case
No.59/2020.
Prosecution story, in brief, is that on 15.1.2018 at about 14.00
PM appellant forcefully committed sexual intercourse with minor and
mentally retarded prosecutrix aged about 13 years.
Learned counsel for the appellant submits that prosecutrix (PW-
1), her mother (PW-2) both have admitted in their cross-examination
that on 14th and 15th January, 2018 i.e. on the festival of Makar
Sankranti several guests came to their house and on that date appellant
did not commit rape upon the prosecutrix. Learned counsel for the
appellant further submits that statement of prosecutrix as well as her
(Kishan @ Krishna Vallabh Vs. State of M.P.)
mother are inconsistent on the material issues and there is nothing else
on the record, which corroborates the statement. Medical evidence and
FSL report do not support the prosecution case. Appellant is in
custody since 22.1.2018. Learned trial Court has committed error in
holding the appellant guilty for the aforesaid offences. 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 looking to the nature of allegations the
appellant is not entitled for bail.
Having considered the rival submissions, material pointed out
by learned counsel for the appellant and statement of prosecutrix (PW-
1) as well as her mother (PW-2) with regard to date, time and place of
incident, there is no likelihood of hearing of appeal in near future and
also considering overall material produced on record, but without
expressing any opinion on merits of the case, the application
I.A.No.1639/2022 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 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
(Kishan @ Krishna Vallabh Vs. State of M.P.)
firstly on 4.7.2022, and on such other dates, as may be fixed by the
Registry in this regard, till final disposal of this appeal.
I.A.No.1639/2022 is allowed.
List in due course.
C.C. as per rules.
(Satyendra Kumar Singh)
Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2022.05.05
15:34:08 +05'30'
