Gandesh Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 6670 MP

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         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                                       BEFORE
        HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                          ON THE 25th OF APRIL, 2023

                    CRIMINAL APPEAL NO.8675 OF 2019

        BETWEEN:-

        GANDESH RAWAT S/O SHRI KISHAN LAL
        RAWAT, AGED ABOUT 62 YEARS, R/O
        THAKUR BABA ROAD DABRA, DISTRICT-
        GWALIOR (MADHYA PRADESH)

                                                                   ........APPELLANT

        (BY SHRI ATUL GUPTA - ADVOCATE)


        AND

        STATE OF M.P. THROUGH POLICE
        STATION-   KAMPOO,    DISTRICT-
        GWALIOR (MADHYA PRADESH)

                                                                 ........RESPONDENT

        (BY SHRI ROHIT SHRIVASTAVA - PANEL LAWYER)
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        This appeal coming on for orders this day, the Court passed the
 following:
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                                    JUDGMENT

This appeal has been filed under Section 374 (2) of Cr.P.C. by the appellant against the judgment of conviction and order of sentence dated 16/09/2019 passed by 10 th Additional Session Judge, Gwalior, District- Gwalior (M.P.) in S.T. No.06/2017, whereby the appellant has

been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 506 Part- II of IPC 1 Year RI 2000/- 1 Month's RI

2. In brief, prosecution case is that on 06/08/2016, complainant has made a written complainant at Police Station- Kampoo, District- Gwalior (M.P.) to the effect that on 19/11/2011, she met to accused- Ankur Rawat in her sister marriage and thereafter, Ankur proposed her to marry as there is no any caste difference between them. Thereafter, complainant said the accused - Ankur to talk to her parents then accused- Ankur Rawat said her to marry in temple first and thereafter, they shall inform to their family members. After that, they solemnized the marriage in temple and made physical relation which she opposed but accused- Ankur said her to marry with her. When the complainant told her parents about it, they opposed the same and talked the accused so he also said the parents of the complainant to marry with her. Up to 17th July, 2017, accused- Ankur Rawat exploited the complainant. Thereafter, when sometime lapsed and family members of the complainant pressurized the accused to marry with the complainant so accused- Ankur said them to talk his parents at his home. In the month of July, 2015, when mother and father of the complainant went to the house of the accused- Ankur Rawat at Dabra, his mother and father- Ganesh Rawat i.e. present appellant started quarreling and abusing them. When his maternal uncle told the whole thing, appellant agreed. Everything was settled and co-accused- Ankur Rawat also started coming at the house of the complainant and during this period, accused

- Ankur Rawat made physical relation with the complainant repeatedly and on her refusal for the same, he used to say her that now he was her husband. Thereafter, parents of the complainant came to know that

parents of the accused- Ankur Rawat were looking of a girl for him and when they went to the house of Ankur Rawat so present appellant chased them away and when they talked to co-accused- Ankur Rawat, he said that now he had used her a lot and if she had called and tried to talk him, he would do bad of her. Ankur Rawt got engaged on 12/07/2016 and on 05/08/2016 sent some people at the house of the complainant to threaten her. On the basis of her complaint, FIR bearing Crime No.419/2016 was registered at Police Station - Kampoo, District- Gwalior (M.P.) for the offence under Sections 376 and 506 of IPC against the appellant and co-accused- Ankur. Thereafter, prosecutrix was sent for medical examination. The police also collected cloths, pubic hair and vaginal/seman/ sperm slide of the prosecutrix and accused; sent it to chemical analysis. During investigation, statements of the witnesses were recorded. After investigation, police filed the charge-sheet against the accused- Ankur Rawat before the Court of Judicial Magistrate First Class, District- Gwalior (M.P.) who committed the case of to the Sessions Court which was finally transferred to the Court of 10th Additional Session Judge, Gwalior, District- Gwalior (M.P.) for its trial. After trial, learned trial Court convicted and sentenced as above mentioned.

In the present case, co-accused- Ankur @ Subodh Rawat preferred the Criminal Appeal No.8223/2019 in which he has been acquitted vide order dated 25/04/2023 discussing the evidence and testimony of the witnesses available on record. Since present appellant has been convicted under Section 506 Part-II of IPC, therefore, allegation against the appellant is lesser than co-accused- Ankur @ Subodh Rawat and there is no allegation of committing rape of the prosecutrix against the present appellant, therefore, in view of the testimony, prosecution witnesses and

evidence available on record, this Court is of the view that learned trial Court erred in convicting the appellant for the aforesaid offence. Accordingly, the appeal allowed and the impugned judgment of conviction and order of sentence is hereby set-aside. The appellant is acquitted and discharged from all the charge of the present case.

Appellant is on bail, his bail bonds and surety bonds stand discharged.

A copy of this order be sent to the concerned trial Court for necessary compliance.

(DEEPAK KUMAR AGARWAL) RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, JUDGE SINGH rahul st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82 ab676d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728 CE00D487,

PARIHAR serialNumber=0275C4F803F94C47998BE5C534E21BDE D910FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.28 18:38:20 +05'30'