Madhya Pradesh High Court
Rahul Kupale vs The State Of Madhya Pradesh on 25 August, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5901 of 2021
(RAHUL KUPALE Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 25-08-2023
Shri Sanjay Sharma - Advocate for the appellant.
Shri Alok Agnihotri - Government Advocate for respondent/ State.
Heard on I.A No.`5983/2022 an application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellant arising out of
judgment dated 05.02.2021 delivered in Sessions trial No.110/2018 by Special
Judge (Atrocities) Balaghtat (M.P.).
The appellant has been convicted and sentenced under Section 376 (3)
of IPC to undergo life imprisonment and fine of Rs.10,000/-, under Section 450
of IPC to undergo RI for 4 years and fine of Rs.5,000/- with default
stipulations.
As per prosecution story, when the prosecutrix (PW-1) was alone at
home appellant entered the house of the prosecutrix and committed rape on her
and injured her by his nails on right hand writs, fingers of left hand and on neck.
After seeing the father of prosecutrix ran away. Under Section 313 Cr.P.C.
statement of accused is that he is innocent he used to talk with the prosecutrix
on this ground alone the prosecutrix has been forced by her family members to
make accusations for the offence of rape. During the course of arguments,
learned counsel for the appellant drew our attention to statement of mother
(PW-2) in para-6 in which she deposed that report was lodge after consulting
in the family. His further defence was that PW-4 father of the proseuctrix
deposed in para 8 that prosecutrix ran away to the house of surpanch to defend
her. It is submitted by the learned counsel for the appellant that in fact father of
Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 28-08-2023
18:12:56
prosecutrix thrashed her badly due to which she sustained injuries. She does
not have any injury marks on her private parts. DNA report is missing. He also
drew the attention of the court to the statement of PW-8 Dr. Mamta who has
stated that no definite opinion was given regarding committal of rape in report.
She had referred the matter to the Gynecologist for giving definite opinion about
rape and regarding age determination. X-ray was also advised. He also drew
attention to Ex. P/12 which is medical report in which it is written that abrasion,
bruise were found on 'arm near shoulder, elbow, left arm, left index and middle
finger of left hand and left thigh and right leg near ankle regarding right knee
injuries were caused due to hard and sharp object ' and prays that the final
hearing of this appeal not possible in near future thus, remaining jail sentence of
the appellant may be suspended.
Learned Government Advocate opposed the prayer .
Looking to the evidence and without commenting anything on merits of
the case, as final disposal of this appeal will take time and appellant remained in
custody form 22.10.2018 to 05.02.20221 and from 05.02.2021 till date, we
deem it proper to suspend the remaining jail sentence of appellant.
Accordingly, I.A No.5983/2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant- Rahul Kupale is hereby suspended and it
is directed that appellant be released on bail on their 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, Balaghat o n 30th of
October, 2023 and also on such other dates as may be fixed by the trial Court
Signature Not Verified
in this regard during the pendency of this appeal.
Signed by: AKANKSHA
MAURYA
Signing time: 28-08-2023
18:12:56
Certified copy as per rules.
(SUJOY PAUL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
Akm
Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 28-08-2023
18:12:56
