Madhya Pradesh High Court
Kanhaiyalal @ Karan Yadav vs The State Of Madhya Pradesh on 13 May, 2022
Author: Satyendra Kumar Singh
1 Cr.A.No.5468/2020
(Kanhaiyalal @ Karan Vs. State of M.P.)
Indore : Dated 13.5.2022
Shri Vishal Patidar, learned counsel for the appellant.
Shri Rahul Solanki, learned Govt.Advocate for the
respondent/State.
Heard on admission.
The appeal is admitted for final hearing.
Heard on I.A.No.5525/2021, which is first application for
suspension of sentence and grant of bail to appellant.
The trial Court has convicted the appellant under Section 363 of
IPC and sentenced to undergo three years years' RI with fine of
Rs.1,000/-, under Section 366 of IPC and sentenced to undergo three
years' RI with fine of Rs.1,000/-, under Section 376(2) of IPC and
sentenced to undergo ten years' RI with fine of Rs.2,000/-, under
Section 376(2)(J) of IPC 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 29.11.2019 passed by 3 rd
Addl.Sessions Judge, Dr.Ambedkar Nagar, District Indore, in S.T.
No.5/2019.
Prosecution story, in brief, is that appellant giving some
intoxicating substance to the minor prosecutrix aged about 15 years
kidnapped/abducted her and committed rape upon her.
Learned counsel for the appellants submits that prosecution has
produced scholar register entry Ex.P/8 with regard to age of the
(Kanhaiyalal @ Karan Vs. State of M.P.)
prosecutrix, wherein her date of birth was written as 13.5.2003, but it
is nowhere mentioned that on what basis her date of birth was written
therein. She was admitted in school in 6 th standard and school leaving
certificate of earlier school has not been produced. Prosecutrix was
major at the time of incident as nothing has been produced on record.
Learned trial Court has committed error in holding the appellant guilty
for the aforesaid offences. Appellant is in custody since 12.12.2019.
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.
Considering the rival submissions, material produced on record
with regard to age of the prosecutrix, period of custody of the
appellant and considering overall material produced on record, there is
no likelihood of hearing of appeal in near future, but without
expressing any opinion on merits of the matter I.A.No.5525/2021 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, they shall be released on bail, on his furnishing
a 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
(Kanhaiyalal @ Karan Vs. State of M.P.)
firstly on 18.7.2022, and on such other dates, as may be fixed by the
Registry in this regard, till final disposal of this appeal.
I.A.No.5525/2021 is allowed.
List in due course.
C.C. as per rules.
(Satyendra Kumar Singh)
Judge
Patil
Digitally signed
by SHAILESH
PATIL
Date: 2022.05.13
17:00:35 +05'30'
