Madhya Pradesh High Court
Naveen Choubey vs The State Of Madhya Pradesh on 3 November, 2022
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6571 of 2021
(NAVEEN CHOUBEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 03-11-2022
Shri Manish Datt, Senior Advocate with Mr. Siddharth Datt, Advocate
for the appellant.
Shri Yogesh Dhande, learned Government Advocate for the
respondent/State.
I.A. No.20066/2021, application for suspension of sentence and grant
of bail to the appellant- Naveen Choubey arising out of judgment dated
26.10.2021 delivered in S.C.(ATR) No. 83/2017 by Special Judge, (POCSO
Act and Atrocities Act), District Panna is taken up.
T h e appellant has been convicted for the offence punishable under
Section 3(2)(5) of SC/ST Act and sentenced to undergo life imprisonment and
fine of Rs.2000/- and under Section 506 part II of IPC and sentenced to
undergo R.I. for 6 months with fine of Rs. 1000/- with default stipulations.
Learned Government Advocate apprise this Court that victim is already
served.
As per prosecution story, between 29.08.2017 and 30.08.2017, the
appellant sexually assaulted the prosecutrix. It is stated that appellant introduced
himself to the prosecutrix on telephone by projecting his name as Deepak
Verma, after few contacts on telephone, he met with the prosecutrix on
29.08.2017. He assured the victim that he will marry her and in order to proceed
in that direction, he told her to accompany him so that she can meet the parents
Signature Not Verified
SAN of the appellant. He took the victim on his motorcycle and stayed in a lodge in
Digitally signed by DEVESH K
SHRIVASTAVA
Date: 2022.11.04 15:26:30 IST
Sagar. In the lodge, he committed sexual assault with the victim on two
occasions. The FIR was lodged on 07.09.2017 (Exhibit-P/3).
Learned Senior Advocate for the appellant submits that the victim is a
major woman. Appellant did not take her forcibly. The FIR was lodged
belatedly. The victim was subjected to medical examination by Dr. Reena
Sikarwar (PW/2). She stated that victim informed her that she remained with
somebody at his house for about 3 months. On the date of examination i.e.
08.09.2017, the victim was carrying 2 months pregnancy. In this view of the
matter it is clear that the prosecution could not establish its case beyond
reasonable doubt that appellant had sexually assaulted her and her pregnancy is
because of that. The FSL report is negative. No DNA examination was
conducted. The appellant was on bail during trial and he did not misuse his
liberty. The final hearing of this appeal will take time, hence remaining jail
sentence of the appellant may be suspended.
Prayer is opposed by Shri Yogesh Dhande, learned Govt. Advocate on
the basis of objection.
We have heard the parties and perused the record.
Considering the aforesaid factual backdrop and without expressing any
opinion on merits of the case, we deem it proper to suspend the remaining jail
sentence of the appellant. Accordingly, I.A. No. 20066 of 2021 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant- Naveen Choubey is hereby
suspended and it is directed that the appellant be released on bail on her
furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty
Thousand only) with one solvent surety of the like amount to the satisfaction
Signature Not Verified
SAN
of the trial court with a further direction to appear before the trial Court
Digitally signed by DEVESH K
SHRIVASTAVA
Panna on 01.02.2023 and also on such other dates as may be fixed by the trial
Date: 2022.11.04 15:26:30 IST
court in this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
DevS
Signature Not Verified
SAN
Digitally signed by DEVESH K
SHRIVASTAVA
Date: 2022.11.04 15:26:30 IST
