Lallu @ Vimlesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13276 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 1134 of 2023
                                 (LALLU @ VIMLESH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 16-08-2023
                                 Shri Rajesh Sen-Advocate for appellant No.1-Lallu alias Vimlesh.

                                 Shri Akhilendra Singh-Government Advocate for respondent-State of

M.P.

Heard.

Admit.

I.A. No. 19454/2023, for amendment is taken up and allowed. Let it be incorporated within seven days.

Also heard on I.A. No.16199 of 2023, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant No.1-Lallu alias Vimlesh arising out of judgment dated 07.01.2023 delivered in S.C. No.131/2019 by Special Judge (POCSO Act) Satna, district-Satna.

The appellant No.1 has been convicted under Section 376-DA of IPC and sentenced to undergo R.I. for Life and fine of Rs.2000/-with default stipulation.

Learned counsel for the appellant submits that this Court was kind enough in suspending remaining jail sentence of appellant No.2 and 3 by order dated 06.07.2023. The case of this appellant is better than the case of those appellants because name of appellant No.3 Vijay Saket was taken in the first written report lodged by the prosecutirx. Considering the aforesaid, remaining jail sentence of appellant No.1 may be suspended.

Learned Government Advocate for respondent-State opposed the prayer on the basis of objection but did not dispute the factum of parity. Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/17/2023 5:32:40 PM

This Court on 06.07.2023 recorded as under:-

Le a r ne d counsel for these appellants urged that prosecutrix (PW-1) along with her parents lodged a written report in Police Station - Kolgawan, District Satna on 18.08.2019 that on 15.08.2019 when she was returning from her school after flag hosting ceremony, appellant No. 3 -Vijay Saket forcibly took her towards forest and sexually assaulted her. Rajjan Saket gave him lift in his motor cycle and she came back and informed the incident to the family members. Learned counsel for the appellants submits that in the written report dated 18.08.2019 (Ex.P/1), the prosecutrix took only one accused person's name whereas a day before i.e. on 17.08.2019 another written report was lodged before Superintendent of Police Satna wherein name of three accused persons including present appellants were taken. This itself creates a serious doubt on the truthfulness of the prosecution story. The incident was reported after three days from the date of incident. Monika and Rajjan Saket did not support the story of prosecution. The prosecutrix in para 5 in her cross examination clearly admitted that his family has a family dispute with Sundariya, aunt of appellant Vijay Saket. Thus because of the previous enmity the appellant has been falsely arraigned. Shri Sen learned counsel for the appellants further argued that in the MLC, no internal and external injury on the person of the victim was found. If three adult persons would have sexually assaulted a girl aged about 13 years, injuries must have been surfaced but no such injury marks were found. DNA is uninterpretable. Thus, prosecutrix's statement is not of unimpeachable quality. There is no corroboration. Thus, the remaining jail sentence of these appellants may be suspended.

Maintaining parity, we deem it proper to suspend remaining jail sentence of appellant No. 1- Lallu alias Vimlesh as well. Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/17/2023 5:32:40 PM

Accordingly, I.A. No.16199 of 2023 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.1 is hereby suspended and it is directed that appellant No.1-Lallu alias Vimlesh be released on bail on his 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, Satna, District

Satna o n 03 rd of October, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this Appeal.

List for final hearing in due course.

Certified copy as per rules.

                             (SUJOY PAUL)                                    (ACHAL KUMAR PALIWAL)
                                JUDGE                                                JUDGE

                          kundan




Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 8/17/2023
5:32:40 PM