Madhya Pradesh High Court
Dhedhusingh vs The State Of Madhya Pradesh on 7 November, 2022
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1428 of 2020
(DHEDHUSINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 07-11-2022
Shri Akhilesh Kumar Saxena, learned counsel for the appellant.
Shri Kamal Kumar Tiwari, learned Govt. Advocate for respondent/ State.
Heard on I.A. No.27057/2020, which is first application for suspension
of jail sentence filed on behalf of sole appellant- Dedhusingh.
This appeal is filed against the judgment dated 08.11.2012 passed by
learned IIIrd Additional Sessions Judge, Khargone (M.P.) in Sessions Trial
No.219/2012 where by the learned trial Court has convicted the appellant under
Section 506 part-II, 363, 366, 368 and 376 of Indian Penal Code and sentenced
him to undergo R.I. for one year, imprisonment for three year with fine of
Rs.1,000/-, R.I. for five years with fine of Rs.1,000/-, R.I. for three years with
fine of Rs.1,000/- and life imprisonment with fine of Rs.10,000/- respectively
with further default stipulation.
As per the prosecution story, the appellant abducted the prosecutrix on
04.07.2012, took her to the nearby village and kept her there for eight days.
During the said period, he committed rape upon her. Prosecutrix lodged the
FIR and the appellant was arrested. The appellant is the husband of the elder
sister of the prosecutrix. The age of prosecutrix is ascertained relying on the
basis of radiology report it was found to be 15 to 17 years.
Learned counsel for the appellant submits that this is the case of consent
as she never raised any alarm during the said period. There is no definite
opinion about her age, as no documentary evidence has been filed like date of
birth certificate, scholar register, etc. Appellant is in jail since last ten years and
has completed minimum sentence of seven years under Section 376 of the IPC.
The appellant has already undergone 10 years of jail sentence, hence, prays for
suspension of jail sentence.
On the other hand, learned Govt. Advocate for respondent/ State
opposes the prayer.
Considering the facts and circumstances of the case, the arguments
advanced by the learned counsel for the parties and the fact that the appellant
has already undergone 10 years imprisonment, without commenting on the merit
of the case, the application is allowed. It is directed that jail sentence passed
against the appellant shall remain suspended during the pendency of this appeal
and he be released on bail upon depositing the fine amount (if already not
deposited) and furnishing personal bond in the sum of Rs.50,000 (Rupees
Fifty Thousand) with one solvent surety in the like amount to the satisfaction
of the Trial Court for his appearance before the Registry of this Court on
03.04.2023 and on such further dates as may be fixed in this behalf by the
Registry during the pendency of this appeal.
With the aforesaid, I.A. No.27057/2022 stands disposed off.
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
Aastha
Digitally signed by
HARI KUMAR C G NAIR
Date: 2022.11.09
17:23:54 +05'30'
