Aarun vs The State Of Madhya Pradesh
2023 Latest Caselaw 6377 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 11887 of 2022
                                      (AARUN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 20-04-2023
                                 Shri Chandra Prakash Purohit, learned counsel for the Appellant.

                                 Shri K. K. Tiwari, learned G.A. for respondent/State.

Learned Government Advocate for respondent/State has informed that the prosecutrix has been served.

Heard o n I.A. No. 4328/2023, which is First Application filed under

Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the appellant No. 1- Arun.

The Trial Court has convicted the appellant under Section 363 of I.P.C. and sentenced to undergo R.I. for 5 years with fine of Rs.500/- and Section 366 of I.P.C. and sentenced to undergo R.I. for 7 years with fine of Rs. 500/- and Section 3/4 of POCSO Act, and sentenced to undergo Life Imprisonment with fine of Rs. 1,000/- with default stipulations, vide judgment of conviction and order of sentence dated 08.12.2022 passed by Special Judge (POCSO Act), District Dhar (M.P.) in S.T. No.07/2022.

As per prosecution case, the present appellant and prosecutrix (PW-1) were familiar and knew each other. On 29.01.2022, the present appellant sent the prosecutrix to Indore with his brother/co-appellant Ritesh. The co-appellant Ritesh took her to Indore and left in a room and told her that present appellant will come after some time and he went somewhere from there. After some time present appellant came there, thereafter, the prosecutrix (PW-1) and present appellant went to a temple and solemnized marriage. Thereafter, the present appellant made physical relationship with her and at the time of incident, the Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 21-04-2023 19:32:49

prosecutrix was minor aged about 15 years 11 months. On 02.02.2022, her father alongwith Police came there and Police recovered the prosecutrix from possession of the present appellant and prepared the Dastyabi Panchnama (Ex. P-5).

Learned counsel for the appellant submits that he has not committed any offence and has falsely been implicated in the case. FSL Report (Ex. P-15) does not support the case of prosecution. MLC Report has also not supported the statement of prosecutrix. The present appellant was in custody from 03.02.2022 to 04.04.2022 and thereafter he is also in custody since the date of judgment i.e., 08.12.2022. Final hearing of this appeal is not possible in near

future, therefore, it is prayed that the remaining jail sentence may be suspended and the appellant may be released on bail.

Per contra, learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant and prayed for rejection of the application.

We have heard learned counsel for the parties and perused the record. Considering the statement of prosecutrix (PW-1), at this stage, we are not inclined to suspend the jail sentence of the appellant.

I.A. No. 4328/2023, is accordingly rejected.

                              (S. A. DHARMADHIKARI)                         (PRAKASH CHANDRA GUPTA)
                                       JUDGE                                         JUDGE

                           Vatan




Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 21-04-2023
19:32:49