Deepak Parihar vs The State Of Madhya Pradesh
2022 Latest Caselaw 14937 MP

                  HIGH COURT OF MADHYA PRADESH
                    1
                                             Cr.A.No.6946/2022
                                 Deepak Parihar Vs. State of M.P.

Gwalior Bench Dated 15-11-2022

      Shri Harish Sharma, learned counsel for the appellant.

      Shri B.M. Shrivastava, learned PP for the respondent/State.

Heard on I.A.No.15000/2022, an application under Section

389(1) of Cr.P.C. for suspension of jail sentence and grant of bail

on behalf of appellant -Deepak Parihar.

This criminal appeal assails the judgment dated 16-07-2022

passed by the Special Judge (POCSO Act)/II Additional Sessions

Judge, Datia in Special Case No.09/2018 whereby appellant -

Deepak Parihar has been convicted as under:

     Sections             Imprisonment                 Fine
376(2)(jha) of IPC        10 years' RI        Rs.10,000/-       with
                                              default stipulation.

It is the submission of learned counsel for the appellant that

the trial Court erred in convicting and awarding jail sentence to the

appellant. During trial appellant was on bail and he did not misuse

the said liberty. Testimony of prosecutrix (PW-1) indicates that she

was more than 18 years of age and she has admitted this fact in her HIGH COURT OF MADHYA PRADESH

Cr.A.No.6946/2022 Deepak Parihar Vs. State of M.P.

cross-examination in para 10. It is further submitted that

prosecutrix nowhere made such statement before the Court about

alleged offence of rape committed by the appellant over her. In the

ossification test, her age appears to be 17 years (+/- 2 years either

way), therefore, prosecutrix was major and she nowhere supported

the case of prosecution. Even statement of prosecutrix under

Section 164 of Cr.P.C. is incoherent and inconsistent vis-a-vis

Court statement. Trial Court ignored this aspect and committed

error of law in convicting the appellant. Appellant already suffered

one year of incarceration. Fine amount has already been deposited.

Appellant has good case on merits and early hearing of appeal is

bleak possibility. Learned counsel fairly submits that if appellant is

released on bail then he shall abide by all conditions imposed by

this Court. Thus, prayed for suspension of sentence and grant of

bail.

Learned counsel for the State opposed the application and

prayed for its dismissal.

Looking to the submission made by learned counsel for the HIGH COURT OF MADHYA PRADESH

Cr.A.No.6946/2022 Deepak Parihar Vs. State of M.P.

parties as well as the fact that final hearing of this appeal would

take some time, application I.A.No.15000/2022 is hereby allowed.

If appellant -Deepak Parihar furnishes bail bond in the sum

of Rs.50,000/- (Rupees Fifty Thousand Only) along with one

surety bond of the same amount to the satisfaction of the trial Court

that he shall appear before the Principal Registrar of this Court on

27-01-2023 and on all other subsequent dates as may be fixed by

the Office for appearance, then he shall be released on bail and

execution of jail sentence is suspended till disposal of this appeal,

subject to payment of fine.

Appellant shall not be source of embarrassment and

harassment to the complainant party in any manner and shall

not move in their vicinity.

Copy of this order be sent to the trial Court concerned for

information and necessary compliance.

Certified copy as per rules.

(Anand Pathak) Judge Anil* ANIL KUMAR CHAURASIYA 2022.11.16 11:33:45 +05'30'