Madhya Pradesh High Court
Deepak Kumar Saket vs The State Of Madhya Pradesh on 17 April, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5208 of 2021
(DEEPAK KUMAR SAKET Vs THE STATE OF MADHYA PRADESH)
Dated : 17-04-2023
Shri Arunodaya Singh - Advocate for the appellant.
Shri Akhilendra Singh - Government Advocate for the respondent/State.
Ms. Neelam Jain - Advocate for the objector.
Heard on I.A. No.15885 of 2021, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant arising out
of judgment dated 31.07.2021 delivered in S.T. No.60/2015 by 12th Additional
Sessions Judge (Special Judge POCSO) at Rewa, District Rewa (M.P.).
The appellant has been convicted under Sections 363, 366 & 376(2)(n)
of the IPC and Section 6 of the POCSO Act and sentenced to undergo R.I. for
03 years with fine of Rs.500/-, R.I. for 05 years with fine of Rs.1,000/-, R.I. for
11 years with fine of Rs.2,000/- and R.I. for 11 years with fine of Rs.2,000/-
respectively, with default stipulations.
Learned counsel for appellant by taking this Court to the prosecution
story submits that as per the report lodged by father of the victim on
16.05.2018, when he came back from his work to his home, he found her minor
daughter was missing. In turn, he lodged "gum insan report" in Police Station
Churhata in Crime No.404/2018. The victim was recovered on 22.05.2018, but
she was not recovered from the possession of appellant. As per prosecution
story initially projected, two young boys forcibly taken the victim on the
motorcycle and sexually assaulted her. However, police made no effort to
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enquire as to who was the second young boy. The appellant alone was picked
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JYOTISHI
Date: 2023.04.18 11:35:19 IST
up and chosen for the prosecution.
Shri Arunodaya Singh submits that the medical examination of victim was
conduced on 08.06.2018, i.e. after 19 days from the date of her recovery. Thus,
samples so collected cannot be said to be flawless and on the basis of said
samples, FSL report also creates doubt and cannot be treated to be sacrosanct.
The medical evidence does not support the story of prosecution. Dr. Radha
Singh (PW/8) in her medical report (Exhibit P/5) clearly mentioned that no
definite opinion can be given whether victim was subjected to any sexual
assault. The redness allegedly found on her private part could have been for
different reasons as well. Learned counsel for the appellant drew attention of
this Court on the statement of prosecutrix recorded under Section 161 of
Cr.P.C. wherein she denied that she was subjected to any sexual assault. When
she was confronted with this statement in the Court, she could not give any
plausible answer.
Considering the omission/contradictions, learned counsel for the
appellant submits that prosecution could not establish it's case beyond
reasonable doubt. In absence of "foundational facts" the conviction of the
appellant is bad in law. The final hearing of this appeal will take time. The
appellant is in custody since 08.06.2018, thus, remaining jail sentence of the
appellant may be suspended.
On the other hand, learned Government Advocate for the State as well as
learned counsel for the objector opposed the prayer on the strength of
objection.
We have heard learned counsel for the parties.
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Considering the aforesaid factual backdrop, without expressing any
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conclusive opinion on merits, we deem it proper to suspend the remaining jail
JYOTISHI
Date: 2023.04.18 11:35:19 IST
sentence of the appellant. Accordingly, I.A No.15885 of 2021 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant - Deepak Kumar Saket 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
of the trial Court with a further direction to appear before the trial Court,
Rewa on 12 th of June, 2023 and also on such other dates as may be fixed by
the trial Court in this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
rj
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Digitally signed by RAJESH KUMAR
JYOTISHI
Date: 2023.04.18 11:35:19 IST
