Lakhan vs The State Of Madhya Pradesh
2022 Latest Caselaw 14072 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
            CRIMINAL APPEAL NO.1396 OF 2022
               (Lakhan vs The State of Madhya Pradesh)


Indore, Dated 01.11.2022
      Mr. Abhishek Rathore, learned counsel for the appellant.
      Mr. Kapil Mahant, learned counsel for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing. Record has been received.

Also heard on IA No.8689/2022 which is first application under Section 389(1) of Criminal Procedure Code, 1973, filed on behalf of appellant Lakhan S/o Raju Bawri who has been convicted by learned Special Judge, POCSO Act, 2012, Mandsaur, District-Mandsaur (MP) in Session Trial No.69/2019 vide judgment dated 14.12.2021 and has been sentenced him as under:

              Conviction                            Sentence
     Section & Act   Imprisonment        Fine         Imprisonment in
                                        Amount          lieu of fine
     376(2)(N) IPC    10 years RI       Rs.5000/-       04 months RI
        363 IPC       02 years RI       Rs.4000/-       02 months RI
        366 IPC       03 years RI       Rs.4000/-       03 months RI
        506 IPC      06 months RI         .......          ..........

Learned counsel for the appellant submits that it is apparent from the statement of prosecutrix (PW-1) that she voluntarily went

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.1396 OF 2022 (Lakhan vs The State of Madhya Pradesh)

with the appellant. As per her school scholar register Ex.P/15, she was about 17 years and 04 days of age at the time of incident. Nothing has been produced on record about the fact that on what basis her date of birth was written in her school scholar register or school leaving certificate. The prosecution has failed to prove the fact that prosecutrix was below eighteen years of age at the time of incident. No offence has been made out against the appellant even though he has been punished for the offence punishable under Sections 363, 366, 376(2)(N) of IPC. The appellant has suffered the jail sentence of about three years and six months out of ten years jail sentence awarded to him. There is no likelihood of early hearing of this appeal in near future. Hence, learned counsel prays for suspension of remaining jail sentence and grant of bail to the appellant.

Per contra, learned counsel for the respondent/State has opposed the application and submits that prosecutrix was minor at the time of incident. DNA report states that prosecution has proved its case beyond reasonable doubt. The offences alleged against him is of serious nature and therefore he is not entitled for released on bail.

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.1396 OF 2022 (Lakhan vs The State of Madhya Pradesh)

Having considered the rival submissions, material produced on record with regard to age of prosecutrix, as well as the statement of prosecutrix and her father and also considering the period of custody of appellant, this application IA No.8689/2022 is being allowed.

It is directed that substantive jail sentence of appellant Lakhan S/o Raju Bawri shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 19.11.2022 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.8689/2022 stands disposed off.

List the appeal for final hearing in due course. Certified copy, as per Rules.

(SATYENDRA KUMAR SINGH) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2022.11.01 18:06:26 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.1396 OF 2022 (Lakhan vs The State of Madhya Pradesh)