Madhya Pradesh High Court
Dilip vs The State Of Madhya Pradesh on 23 August, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 6197 of 2020
(DILIP Vs THE STATE OF MADHYA PRADESH)
Dated : 23-08-2023
Ms. Sangita Parsai - Advocate for appellant.
Mr. Gaurav Singh Chouhan - Govt. Advocate for the respondent/State.
Mr. Chandra Prakash Purohit - Advocate for objector.
Heard on I.A.No.2511 of 2023, which is first application under Section
389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on
behalf of the sole appellant Dilip.
Appellant stands convicted vide judgment dated 30.05.2019 passed in
Spl. Case No.33 of 2015 by Special Judge (Protection of Children from Sexual
Offences Act, 2012) Ratlam (M.P.) under Sections 5(L)/6 and 5(J)(ii)/6 of the
Protection of Children from Sexual Offences Act, 2012 and Section 366-A of
the Indian Penal Code, 1860 and has been sentenced to undergo 12 years RI
with fine of Rs.2,000/-, 12 years RI with fine of Rs.1,000/- and 03 years RI with
fine of Rs.1,000/- respectively with usual default stipulation.
Learned counsel for the appellant submits that appellant is an innocent
person and he has been falsely implicated in this matter. Prosecution has failed
to prove beyond reasonable doubt that prosecutrix was minor at the time of
incident. She remained in the company of the appellant for a period of more
than four years. During the trial most of the time appellant remained on bail and
he has not misused the liberty granted to him. He has already suffered jail
incarceration for last four and half years. There are material contradictions and
omissions in the statement of the witnesses. Looking to old pendency of the
cases for consideration, final conclusion of this appeal would take sufficient
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 8/24/2023
7:47:57 PM
long time. There is a strong case in favour of the appellant. Hence, the
execution of the remaining part of the jail sentence of the appellant be
suspended till the final disposal of this appeal.
Per contra, learned counsel for the respondent / State opposes the
application for suspension of sentence and prays for its rejection.
Learned counsel for the objector has also filed an application
I.A.No.11735 of 2023, which is an application on behalf of the parents of the
prosecutrix for objection on suspension of sentence of the appellant and
submitted that the trial Court after due consideration of the evidence available
on record, convicted the appellant. Hence, he is not entitled to grant of benefit
of suspension of sentence.
Considering all the facts and circumstances of the case, nature of the
allegation levelled against the appellant and also taking note of the fact that most
of the time appellant was on bail during the trial and there is no complaint that
he has misused the liberty granted to him; prosecutrix has not been examined
before the trial Court since she has been died during the trial; mother of the
prosecutrix Mangubai (PW-2) and her uncle Dinesh (PW-3) admits in their
evidence that prosecutrix lived with the appellant for a period of about four
years; appellant has already suffered jail incarceration for more than four years
and final conclusion of the appeal will also take sufficient long time. In view of
the aforesaid, we deem it proper to suspend the remaining custodial sentence of
the appellant.
Accordingly, I.A.No.2511 of 2023 is allowed and it is directed that
subject to deposit of fine amount, if not already deposited, and subject to
furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 8/24/2023
7:47:57 PM
Seventy Five Thousand Only) with one solvent surety in the like amount to
the satisfaction of learned trial Court, the execution of remaining custodial part
of the sentence of the appellant shall remain suspended, till final disposal of this
appeal.
The appellant after being enlarged on bail shall mark his presence before
the Registry of this Court on 20.12.2023 and on all such subsequent dates,
which are fixed in this behalf.
With the aforesaid, I.A.Nos.2511 of 2023 and 11735 of 2023 stand
allowed and disposed off.
(RAVI MALIMATH) (ANIL VERMA)
CHIEF JUSTICE JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 8/24/2023
7:47:57 PM
