Madhya Pradesh High Court
Golu Kori vs The State Of Madhya Pradesh on 28 August, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-6022-2023
(GOLU KORI Vs . THE STATE OF MADHYA PRADESH)
DATED:- 28-08-2023
Shri Om Prakash Mathur - Advocate for the appellant.
Smt. Anjali Gyanani - Public Prosecutor for the
respondent/State.
Per Justice Deepak Kumar Agarwal:
Heard on I.A. No.13637/2023, first application under Section
389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved
on behalf of the appellant-Golu Kori.
This criminal appeal assails the judgment dated 21.04.2023
passed in Special Case No.158/2021 by learned Special Judge
(POCSO Act) Shivpuri District Shivpuri (M.P.), whereby the appellant
has been convicted and sentenced as under:-
Section Sentence Fine (Rs.) Default
Stipulation
6 of POCSO Act 20 Years R.I. 3000/- 1 Year RI
In brief, prosecution story is that on 13.07.2021 brother of the
prosecutrix lodged a report that on 12.07.2021 after taking dinner all
the family members slept. His mother, prosecutrix and his younger
brother were sleeping in the room. At about 4 am, his mother informed
him that prosecutrix is missing. They searched her at nearby places but
she could not be traced. On his report, FIR bearing crime No.369/2021
for the offence punishable under Section 363 of IPC was registered.
Prosecutrix was recovered on 26.08.2021 and her statement was
recorded. On the basis of her statement, appellant was arrested and
offence punishable under Section 366, 376 of IPC and 3/4 of POCSO
Act were enhanced. 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 prosecutrix has
not supported the story of prosecution and turned hostile. There are
material contradictions in the statements of the prosecution witnesses
and their statements do not find corroboration with medical evidence.
Appellant has suffered about seven months of incarceration and he is
the permanent resident of District- Shivpuri (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, I.A.
No.13637/2023 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. 13637/2023 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=eac942476567cd1b39b3da4606840346
2fdf82ab676d0cde4dee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9F
E728CE00D487,
PARIHAR
serialNumber=0275C4F803F94C47998BE5C534E2
1BDED910FD4AB9D159B55575E814D05B2EED,
cn=RAHUL SINGH PARIHAR
Date: 2023.08.28 16:58:26 +05'30'
