Radhe @ Radheshyam Sen vs The State Of Madhya Pradesh
2023 Latest Caselaw 13126 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 6112 of 2023 (RADHE @ RADHESHYAM SEN Vs THE STATE OF MADHYA PRADESH)

Dated : 11-08-2023 Shri Rajendra Singh Yadav - Advocate for the appellants.

Shri Dheeraj Bhudholiya- Panel Lawyer for the State. Heard on the question of admission;

This appeal appears to be arguable, hence, it is admitted for final hearing.

Heard on I.A. No.11098 of 2023, which is first application under

Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by sole appellant Radhe @ Radheshyam Sen.

This Criminal Appeal assails the judgment dated 02.03.2023 passed by Third Additional Sessions Judge/Exclusive Special Judge (POCSO Act) District Vidisha (M.P.) in SCATR No.66/2020, whereby appellant has been convicted and sentenced under Section 376(2)(n) of IPC to undergo rigorous imprisonment of Ten Years with fine of Rs.1,000/-, under Section 366-A of IPC to undergo rigorous imprisonment of Two Years with fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without considering the material and evidence available on record. It is further submitted that the prosecutrix in her statements recorded u/Ss.161 & 164 of Cr.P.C. as well as in her court statement stated that she left the house on her own volition and visited various places with the present appellant/accused. Prosecutrix got married with present appellant/accused and lived with him as husband and wife. It is further argued that the prosecutrix was Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11-08-2023 01:10:52 PM

aged about 17 years at the time of incident. There are material omissions and contradictions in the evidence of the prosecution witnesses. Further argument is that the appellant has already served One year and eight months of incarceration out of total jail sentence of ten years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellant.

Counsel for the State opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.11098 of 2023, is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of this Court on 18.10.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11-08-2023 01:10:52 PM

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11-08-2023 01:10:52 PM