Lochan Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 14030 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                              CRA-6341-2015

    (LOCHAN KUSHWAH Vs . STATE OF MADHYA PRADESH & ANR. )

DATED:- 25-08-2023

      Shri Rajmani Bansal- Advocate for the appellant.
      Smt. Anjali Gyanani- Public Prosecutor for the respondent/State.

Per Justice Deepak Kumar Agarwal:

Heard on I.A. No.14329/2023, first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole appellant - Lochan Kushwah.

This criminal appeal assails the judgment dated 03.05.2023 passed in Special Case No.05/2022 by Special Judge (POCSO Act) and Second Additional Sessions Judge Datia (M.P.), whereby the appellant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

3/4 of POCSO 20 Years RI 10,000/- 3 Years RI Act Prosecution story is that prosecutrix, a minor girl, lodged a complaint at Police Station Pandokhar District Datia to the effect that on 08.01.2022 at about 12 pm, prosecutrix was returning to home after offering water to the buffalo, at that time, appellant intercepted her and told her to come alongwith him. When the prosecutrix refused, the appellant by shutting her mouth by a clothe, took her in mustard field and forcibly committed rape. When the prosecutrix cried, the appellant threatened her of life. Thereafter having left her in the field, appellant fled away from the spot. The prosecutrix narrated the story to her mother. On the basis of information given by the prosecutrix,

FIR bearing crime No. 04/2022 for the offence punishable under Section 376(3), 341, 506 of IPC and 3/4 of POCSO Act was registered against the appellant. Statements of prosecutrix and witnesses were recorded. Prosecutrix was sent for medical examination. Appellant was arrested. After completion of investigation, charge-sheet has been 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. The prosecution story is not corroborated by the medical evidence. There is no independent witness in the present case. Appellant has suffered about one year of incarceration and he is the permanent resident of District- Datia (M.P.). It is further submitted that during trial, the appellant was on bail but he did not misused the liberty so granted. There are fair chances of success of this appeal. The present appeal is of the year 2023 and final hearing 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 looking to the period of custody of the appellant, IA No.14329/2023 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 4th of December, 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.14329/2023 stands allowed and disposed of. Certified copy as per rules.

        (ROHIT ARYA)                                                       (DEEPAK KUMAR AGARWAL)
           JUDGE                                                                   JUDGE

ojha



       YOGEND
                  Digitally signed by YOGENDRA OJHA

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=559b9fc5699c450ae591f182bb528390a86868913 08b8147f58a14e663c2cf97,

RA OJHA pseudonym=0DDAA44322165AFFB7B9BB7BECE3F0E95FB 34E78, serialNumber=7DD4B0909D1BAA16D8E58C99D2E9C608A E9BA1ADC64EE11871527ECE48186868, cn=YOGENDRA OJHA Date: 2023.08.25 15:56:08 +05'30'