Madhya Pradesh High Court
Rakesh Bakoriya vs The State Of Madhya Pradesh on 4 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2087 of 2022
(RAKESH BAKORIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 04-12-2023
Shri R.K. Raghuwanshi- Advocate for appellant.
Shri Yadvendra Dwivedi- Panel Lawyer for respondent No.1/State.
Shri S.K. Pandey - Advocate for respondent No.2/victim through video
conferencing.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard on I.A. No.20741/2023 this is first application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant-Rajesh Bakoriya.
The appellant has been convicted vide judgment dated 16/12/2021 passed
by Second Sessions Judge / Special Judge (Protection of Children from Sexual
Offences Act, 2012), Itarasi, District Hoshangabad in (POCS)) S.T. No.
92/2019 and appellant has been convicted for offence punishable under
Sections 363, 366 and 376(2)(n) of IPC and under Section 5(L)/6 of Protection
of Children from Sexual Offences Act, 2012 and sentenced to undergo RI for 3
years, 5 years, 10 years and 10 years and to pay fine amount of Rs. 500/-,
Rs.500/-, Rs.2,000/- and Rs.2,000/- for each offence respectively with usual
default stipulations.
Learned counsel for the appellant submits that the trial Court has not
properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellant for aforesaid offence. Learned counsel
for appellant submits that the prosecutrix was a consenting party and appellant
has already suffered more than four years. There are fair chances of success
of this appeal and final hearing of same will take considerable time, therefore, if
remaining custodial sentence has not been suspended, then the appeal filed by
appellant may turn infructuous. Under these circumstances, learned counsel for
appellant prays for suspension of jail sentence and release of the appellant on
bail till the final disposal of the appeal.
On the other hand, learned Panel Lawyer as well as learned counsel for
respondent No.2/victim have opposed the contention raised by learned counsel
for appellant by contending that at the time of alleged incident, the prosecutrix
was minor, therefore, her consent is immaterial. Under these circumstances,
they prayed for rejection of said application.
Looking to the aforesaid facts and circumstances of the case coupled
with the custodial period suffered by appellant and according to listing policy
the hearing of this appeal will take time, the application is allowed and it is
directed that the execution of the remaining jail sentence passed against
appellant -Rakesh Bakoriya shall remain suspended during the pendency of
this appeal subject to depositing entire fine amount, if already not deposited
and upon her furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty
Thousand only) with one solvent surety in like amount to the satisfaction of
the trial Court for securing her presence before the trial Court on 01/02/2024
and on such further dates as may be fixed by trial Court it in this regard during
the pendency of this appeal.
List the appeal for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
