Rasheed Khan @ Guddu Supari vs The State Of Madhya Pradesh
2023 Latest Caselaw 14108 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 2147 of 2014
                                       (RASHEED KHAN @ GUDDU SUPARI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-08-2023
                                 Shri Kapil Sharma - Advocate for appellant.

                                 Shri Pramod Thakre - Public Prosecutor for the State.

                                 Heard on I.A. No.15523 of 2022.
                                 This is the second application for suspension of sentence and grant of
                           bail filed on behalf of appellant - Rasheed Khan.

                                 The case of the prosecution is that based on the complaint lodged by
                           PW-3, an FIR was lodged against the accused for the offence punishable under
                           Sections 376(2)(f) and 506 (part-II) of the IPC and Section 3 read with 4 of the
                           Protection of Children from Sexual Offences Act.
                                 O n trial, the accused was convicted under Section 376 (2) (I) of the
                           Indian Penal Code and sentenced to undergo rigorous imprisonment for life and
                           a fine of Rs.100/- with default stipulation as mentioned in the impugned
                           judgment.
                                 The instant application has been filed for suspension of sentence.

                                 Learned counsel for the accused contends that the prosecution has failed
                           to prove its case beyond all reasonable doubt. That the evidence is not
                           sufficient to implicate him too. He has already undergone a custody for almost
                           10 years. Hence, he is entitled to be released on bail at least on that ground.
                                 The same is disputed by the Public Prosecutor.
                                 On hearing the learned counsels, we do not find any ground to enlarge
                           the accused on bail. So far as the victim is concerned, she was aged about 9
                           years on the date of the offence as stated by her in her evidence. The MLC
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 8/31/2023
12:06:38 PM
                                                                 2
                           report as well as FSL report have gone against the accused. There is sufficient
                           material to indicate the manner in which the offence has been committed. The
                           victim has narrated the entire offence in detail. Therefore, we do not find any
                           ground to overlook the statement of the victim. So far as the period of detention
                           is concerned, the Hon'ble Supreme Court in the case of Saudan Singh vs the
                           State of U.P. and others in SLP (Criminal) No.4633 of 2021 on 05.10.2021 has
                           carved out the exceptions that the period of detention need not be a ground to
                           enlarge the accused on bail. We are of the view that the accused herein falls
                           under the exceptions as carved out by the Hon'ble Supreme Court.
                                    The offences as alleged against the petitioner are against the victim who

                           was hardly aged 9 years on the date of incident. Her entire life appears to have
                           been ruined by these offenecs committed by him. In view of the manner in
                           which the offence was committed, we find no good ground to enlarge the
                           accused on bail.
                                    I.A. No.15523 of 2022 is accordingly dismissed.


                                   (RAVI MALIMATH)                                     (VISHAL MISHRA)
                                     CHIEF JUSTICE                                          JUDGE

vibha

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 8/31/2023 12:06:38 PM