Madhya Pradesh High Court
Praveen vs The State Of Madhya Pradesh on 5 September, 2022
Author: Vivek Rusia
- : 1 :-
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 05st of September, 2022
CRIMINAL APPEAL No.2226/2021
(PRAVEEN Vs. STATE OF MADHYA PRADESH)
Shri Lucky Jain, learned counsel for the appellant.
Shri Mukesh Kumawat, learned Govt.Advocate for the
respondent/State.
The sole appellant Praveen has been convicted and sentenced vide
judgment dated 27.02.2021 in Session Trial No.318/2018 passed by
Additional Sessions Judge, Nagda,District Ujjain as below:-
Conviction Sentence
Section Act Imprisonment Fine deposited details Imprisonment in
lieu of Fine
376 (D) IPC Twenty years Life Rs.35,000/- Six months
imprisonment
363 IPC 3 years R.I Rs.2,000/- Three months
506 (II) IPC 2 years R.I Rs.2,000/- Three months
Heard on I.A.No.11147/2021 which is first application for
suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf
of sole appellant- Praveen.
As per prosecution story, on 17.12.2017, prosecutrix along with her
mother lodged a report that on 16.12.2017, when she was returning from
duty and near about 9.00 P.M, she reached near the house of Kallu Chacha
, one boy came and caught hold her and took her in a lane. She identified
him as Dharmendra. Thereafter he called his friend,i.e, the present
- : 2 :-
appellant Praveen and both committed rape upon her.
The co-accused Dharmendra was juvenile, at the time of incident,
therefore, the appellant-Praveen was tried separately.
Learned counsel for the appellant submits that the appellant has
been convicted solely only on the oral evidence of the prosecutrix. Neither
the FSL (Exp.P-24) nor DNA report (Exp.P-25) establish even the
presence of the appellant on the spot and as per DNA report no body fluid
of the present appellant was found. The prosecutrix as well as Juvenile
Dharmendra both sustained injuries which has been confirmed by
respective doctors, who have examined by them. At the most, assault
between them has been established but there is no evidence revealing
about committing the rape upon the prosecutrix even by the doctor, who
conducted the MLC. He further submits that the appellant is in jail since
17.12.2017 and he has no criminal record. As this appeal is of the year
2021 and it is not likely to come for final hearing in near future, in these
circumstances, learned counsel prays for suspension of jail sentence of
appellant.
Learned Govt. Advocate for the respondent/State opposes the prayer
for suspension of jail sentence of appellant.
In view of the aforesaid facts and circumstance, also taking note of
the fact that there is no record revealing about committing the rape upon
the prosecutrix and that the appeal is of 2021 and there is no likelihood of
final hearing of this criminal appeal in near future, without commenting on
the merits of the case, the application for suspension of sentence I.A.
No.11147/2021 is allowed. Execution of jail sentence of the appellant-
Praveen is hereby suspended and it is ordered that the appellant be
released on bail on his furnishing a personal bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one surety in the like amount to the
- : 3 :-
satisfaction of the learned trial Court for his appearance before the Court,
the execution of custodial part of the sentence shall remain suspended, till
the final disposal of this appeal.
The appellant Praveen shall mark his presence before the Registry
of this Court on 05/12/2022 and on all such subsequent and on all such
subsequent dates, which are fixed in this regard by the Registry.
Accordingly, I.A.No.11147/2021 and I.A.No.7043/2021 also stand
disposed of.
(VIVEK RUSIA ) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
das Digitally signed
by REENA
PARTHO SARKAR
Date: 2022.09.06
10:22:39 +05'30'
