Rajak Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 13842 MP

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          IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                             CRA-1898-2023

           (RAJJAK KHAN Vs . STATE OF MADHYA PRADESH)

DATED:- 23-08-2023

      Shri Anshu Gupta - Advocate for the appellant.
      Shri A.K. Nirankari - Public Prosecutor for the respondent/State.

Per Justice Deepak Kumar Agarwal:

Heard on I.A. No.11625/2023, first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellant-Rajjak Khan.

This criminal appeal assails the judgment dated 12.01.2023 passed in Special Case No.85/2021 by learned Special Judge (POCSO Act) District Guna (M.P.), whereby the appellant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

376 (2)(f) of IPC 20 Years R.I. 1000/- 3 Months RI 376 (3) of IPC 20 Years R.I. 1000/- 3 Months RI 506 of IPC 2 Months R.I. 100/- 10 Days RI Prosecution story is that on 06.06.2021 in the evening at 7 pm victim's mother and her younger sister went to attend the marriage at Rajpur. Victim was at home with her two other siblings and her step father (present appellant) and she went to sleep at about 10 pm with her siblings. At about 12 pm in the midnight her step father (present appellant) came in her room and began to put off her clothes and threatened her that if she screamed, she would be killed by knife. The victim got scared and the present appellant forcibly did wrong things with her. On hearing her screams, the victim's

younger sister woke up and the present appellant scolded her and silenced her. When the victim's mother returned from marriage, the victim narrated the incident to her mother and on 08.06.2021, the victim filed a case against the accused bearing crime No.379/2021 for the offence punishable under Section 376, 506 of IPC against present appellant. Appellant was arrested. Statements of prosecutrix were recorded. Prosecutrix was sent for medical examination. After investigation, charge-sheet in the matter was submitted. After conclusion of trial, trial Court convicted the appellant for the offence as mentioned above.

Learned counsel for the appellant submits that appellant has been falsely implicated in this case and he has been wrongly convicted by the learned trial Court. It is further submitted that the prosecutrix has not supported the prosecution case and turned hostile. The prosecution story is not corroborated with the medical evidence. Appellant has suffered more than two years of incarceration and he is the permanent resident of District- Guna (M.P.) and there are fair chances of success of this appeal. Present appeal is of the year 2023 and final hearing of the case will take time. Under these circumstances, the execution of jail sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and without commenting upon merits of the case, IA No. 11625/2023 is allowed. It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance

before the Registry of this Court on 29th November, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and he shall be released on bail.

I.A. No. 11625/2023 stands allowed and disposed of. Certified copy as per rules.

                                                            (ROHIT ARYA)                          (DEEPAK KUMAR AGARWAL)
                                                               JUDGE                                      JUDGE

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,

SINGH rahul st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82 ab676d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728C E00D487,

PARIHAR serialNumber=0275C4F803F94C47998BE5C534E21BDE D910FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.08.23 19:10:21 +05'30'