Madhya Pradesh High Court
Ganesh vs The State Of Madhya Pradesh on 5 May, 2022
Author: Satyendra Kumar Singh
1 Cr.A.No.429/2022
(Ganesh Vs. State of M.P.)
Indore : Dated 5.5.2022
Shri Sanjay Sharma, 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.3079/2022, first application for grant of
suspension of sentence filed on behalf of appellant.
The trial Court has convicted the appellant under Section 363 of
IPC and sentenced to undergo four years' RI with fine of Rs.1,000/-,
under Section 366 of IPC and sentenced to undergo seven years' RI
with fine of Rs.1,000/- and under Section 5(l)/6 of the Protection of
Children from Sexual Offences Act, with default stipulation, vide
judgment of conviction and order of sentence dated 24.12.2021 passed
by Special Judge (POCSO Act), Ratlam, District Ratlam in Special
Case No.100122/2015.
Prosecution story, in brief, is that appellant kidnapped/abducted
the minor prosecutrix aged about 16 years and committed rape upon
her repeatedly.
Learned counsel for the appellant referring to the prosecutrix's
Aadhar card (Ex.D/1) submits that prosecutrix was major at the time
of incident as her date of birth written on Aadhar card is 1.1.1993.
Appellant and prosecutrix both were having affair with each other and
solemnized their marriage. They were lived together blessed with six
(Ganesh Vs. State of M.P.)
children, which are still living with the prosecutrix. Prosecutrix's
mother has admitted in her cross-examination that prosecutrix was
major. Pracharya, Shaskiya Prathmik Vidyalaya, Dholawad,
Govindram (PW-7) admitted that prosecutrix's date of birth was
written on the basis of information given by her father at the time of
prosecutrix's admission. Learned trial Court has committed error in
holding the appellant guilty for the aforesaid offences. Appellant was
in custody since 16.9.2015 to 9.12.2019 during trial and is in custody
since 24.12.2021 i.e. the date of judgment. 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 produced on
record by learned counsel for the appellant and the fact that appellant
and prosecutrix have solemnized their marriage and blessed with six
children, who are still living with the prosecutrix and prosecutrix
herself admitted in her cross-examination, period of incarceration
already suffered by the appellant and 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.3079/2022 is allowed and jail
sentence of the appellant shall remain suspended.
(Ganesh Vs. State of M.P.)
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
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.3079/2022 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
15:32:53 +05'30'
