Madhya Pradesh High Court
Ramasre Ahirwar vs The State Of Madhya Pradesh on 27 April, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2421 of 2022
(RAMASRE AHIRWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 27-04-2023
Shri Abhilash Kumar Day - Advocate for the appellant.
Shri A.N. Gupta - Government Advocate for the respondent/State.
Heard on I.A.No.16187/2022, which is the first application for
suspension of sentence and grant of bail filed under Section 389(1) of the
Cr.P.C. on behalf of sole appellant Ramashre Ahirwar.
The appellant has filed this Criminal Appeal being aggrieved by the
judgment of conviction and sentence dated 22/11/2021 passed by Special judge
(Protection of Children from Sexual Offences Act, 2012), Chhatarpur, (M.P.) in
Special Case No.55/2021, whereby the appellant has been convicted under
Sections 376(2)(I) & 376(2)(N) of the IPC and Section 5(L)/6 of the POCSO
Act and sentenced him under Sections 376(2)(I) & 376(2)(N) of the IPC, which
are graver, to undergo R.I. for 20 years with fine of Rs.2,500/- and R.I. for 20
years with fine of Rs.2,500/- respectively with default stipulation and with a
direction that substantive jail sentence shall run concurrently.
Learned counsel for the appellant submits that as per prosecution story
first incident of rape took place on 02/02/2018 and last incident of rape took
place one month prior from 03/05/2018, when FIR was lodged by the
prosecutrix (PW-1), which shows that the FIR was lodged with an inordinate
delay of three months and delay of one month from the date of last incident. He
further submitted that the prosecutrix is habitual to lodge false complaint
regarding rape against other persons. In this regard learned counsel drew the
attention of this Court towards Para-10 of the statement of prosecutrix (PW-1).
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 4/28/2023
7:06:04 PM
Learned counsel also drew the attention of this Court towards last two lines of
Para-9 of cross-examination of prosecutrix (PW-1). It is further submitted that
the DNA report is also doubtful, because complaint of rape was lodged after a
month, when lastly she was raped. The appellant is in custody since the date of
his arrest i.e. 07/05/2018. This Appeal is of the year 2022 and there is no
possibility of early hearing of this Appeal in near future. Hence, prays for
suspension of sentence and grant of bail to the appellant.
Per contra, learned Government Advocate for the respondent/State
opposed the prayer and submitted that the trial Court has passed the judgment
after proper appreciation of evidence that came on record and has rightly held
the appellant guilty for the aforesaid offences. Hence, prays for dismissal of the
application.
We have heard learned counsel for the parties at length and perused the
record.
Considering the overall facts and totality of the circumstances and the
arguments advanced by the learned counsel for the parties, without expressing
any conclusive opinion on merits, we deem it proper to suspend the remaining
jail sentence of the appellant. Accordingly, I.A No.16187/2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant Ramasre Ahirwar is hereby suspended
and it is directed 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 solvent surety of the like amount to the satisfaction of the Trial Court with a
further direction to appear before the Trial Court, Chhatarpur on
26/06/2023 and also on such other dates as may be fixed by the Trial Court in
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 4/28/2023
7:06:04 PM
this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 4/28/2023
7:06:04 PM
