Karan Basor vs The State Of Madhya Pradesh
2022 Latest Caselaw 14876 MP

                                                                       1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                               CRA No. 3751 of 2022
                                                       (KARAN BASOR Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 15-11-2022
                                         Shri Narunaditya Singh, learned counsel for the appellant.

                                         Shri Akhilendra Singh, learned Govt. Adv. for the respondent/State.

Learned Government Advocate informed that victim has already been served.

I.A. No.6976/2022, an application for suspension of sentence and grant of bail filed on behalf of appellant- Karan Basor arising out of judgment

dated 11.03.2022 delivered in Special Case No.106/2020 by Special Judge (POCSO), District Sidhi is taken up.

Appellant has been convicted under Section 376(AB) of IPC and sentenced to undergo R.I. for 20 years with fine of Rs.5,000/-, under Section 323 (on two counts) of IPC and sentenced to undergo R.I. for 06-06 months each and under Section 5(m)/6 of POCSO Act and sentenced to undergo R.I. for 20 years with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant by taking this Court to the prosecution story submits that appellant and the victim are close relatives. The appellant is

uncle of the victim. As per the story, on 03.08.2020 father of the victim (PW-8) lodged a report in Police Station- Rampur Naikin that on 01.08.2020 at around 03:00 P.M., the pig of father of appellant entered the house of the complainant and consumed some wheat because of which, the pig was found dead in the house of the present appellant on 02.08.2020. Because of said incident, on Signature Not Verified SAN 02.08.2020 at around 10:30 A.M., father of appellant called the victim and her Digitally signed by KAFEEL AHMED ANSARI Date: 2022.11.16 14:17:18 IST father near a Neem tree. The father of victim along with two kids reached the

said place, where present appellant demanded Rs.30,000/- from father of the victim. When father of victim declined and expressed his inability to pay the said amount, the appellant assaulted him by slap and kick because of which, he came on one side, and thereafter, the appellant allegedly sexually assaulted by means of his finger to the victim, because of which, bleeding started from her private part.

Learned counsel for the appellant assailed the findings of the impugned judgment by contending that it is clear that there was an enmity between the parties because of death of the pig. The appellant is real uncle of the victim. There is a delay in lodging the FIR. The prosecutrix as well as other child

witnesses are tutored witnesses. The independent witness is the Sarpanch (PW-4) of the village, who did not support the prosecution story. Interestingly, the grand-mother of victim Kuariya Basor (DW-1) and Manbodhi Basor (DW-

2) entered the witness box and stated that they were present at the time of incident and no such incident had taken place. The injury so caused to the victim is because her father has thrown her on the floor, where she sustained injury from a bamboo piece. The family of appellant and the victim are admittedly engaged in the craft related to bamboo being part of "Basor Community". The Court below in Para-50 of the judgment has not assigned a single reason as to why the statement of eye witnesses and grand-mother of victim should be discarded. Without assigning any 'reason', Court directly reached to the 'conclusion' which is bad-in-law.

Dr. Pushpa Bhagat (PW-7) deposed that the injury could have been caused on the opening of urethral part because of injury from a wooden Signature Not Verified SAN

stick/bamboo. The victim herself did not depose about any such incident Digitally signed by KAFEEL AHMED ANSARI

relating to assault on her private part. Heavy reliance is placed on Para-29 of the Date: 2022.11.16 14:17:18 IST

impugned judgment wherein Court below reproduced the relevant statement of the proseccutrix (PW-1). It is urged that because of a previous enmity, the appellant has been falsely arraigned. It is even otherwise difficult to swallow that the appellant in broad daylight, in an open area, in the presence of his father will ever commit such an ugly act. The final hearing of this appeal is not possible in near future. Therefore, the remaining jail sentence of the appellant may be suspended.

The prayer for grant of bail is opposed by Shri Singh, learned Govt. Adv. for the State on the basis of objection.

We have heard learned counsel for the parties at length. Considering the aforesaid factual backdrop, without expressing any conclusive opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly I.A. No.6976/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that on his furnishing a personal bond for a sum of Rs.30,000/- (Rs. thirty thousand only) along with surety in the like amount to the satisfaction of the Trial court, he shall be released on bail with a further direction to remain present before the trial Court Sidhi on 02.03.2023 and on such other dates as fixed

by the trial court in this regard during the pendency of this appeal.

C.C as per rules.

Signature Not Verified
                                      (SUJOY PAUL)                                  (PRAKASH CHANDRA GUPTA)
  SAN
                                         JUDGE                                               JUDGE
Digitally signed by KAFEEL AHMED
ANSARI                             kafeel
Date: 2022.11.16 14:17:18 IST