Kamlesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 7318 MP

1                           Cr.A.No.7739/2021
                        (Kamlesh Vs. State of M.P.)

Indore : Dated 13.5.2022
      Shri S.K.Meena, 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.29883/2021, which is first application for suspension of sentence and grant of bail to appellant.

The trial Court has convicted the appellant under Section 376(1) of IPC and sentenced to undergo ten years' RI with fine of Rs.5,000/-,with default stipulation vide judgment of conviction and order of sentence dated 12.2.2020 passed by Special Judge (POCSO Act), Mandsaur, District Mandsaur in S.T. No.37/2019.

Prosecution story, in brief, is that appellant kidnapped/abducted minor prosecutrix wrongfully confined her and committed rape upon her.

Learned counsel for the appellants submits that prosecution has produced scholar register entry Ex.P/10, wherein prosecutrix's date of birth was written as 11.11.2002 and Principal of the concerned school has admitted that prosecutrix's date of birth was written on the basis of ration card entry. The said ration card was prepared in the year 2008, wherein prosecutrix's age was written as eight years. There is nothing else on record with regard to age of the prosecutrix. She was major at the time of incident. It is apparent from her statement that she was consenting party. Even then, learned trial Court has committed error in holding the appellant guilty for the aforesaid offence. The appellant has suffered more than three years' incarceration out of total sentence

(Kamlesh Vs. State of M.P.)

awarded 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.

Considering the rival submissions, material pointed out by learned counsel for the appellant, evidence produced on record with regard to age of the prosecutrix, period of custody of the appellant and 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.29883/2021 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 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.29883/2021 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 17:01:20 +05'30'