Madhya Pradesh High Court
Santosh @ Sunnu @ Dhola vs The State Of Madhya Pradesh on 11 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9919 of 2023
(SANTOSH @ SUNNU @ DHOLA Vs THE STATE OF MADHYA PRADESH)
Dated : 11-12-2023
Shri Anil Kumar Mishra - Advocate for the appellant.
Dr. Ms. Anjali Gyanani - Govt. Advocate for the respondent/State.
Heard on I.A.No. 14411 of 2023, first application under Section 389(1)
Cr. P.C. moved on behalf of appellant Santosh @ Sunnu @ Dhola seeking
suspension of sentence and grant of bail.
Appellant stands convicted under Section 376 (3) of IPC r/w Section 3
2 (v) of SC/ST Act, u/s. 450 IPC and u/s. 3/ 4 of POCSO Act and sentenced
to undergo life Imprisonment with a fine of Rs. 10,000/-, seven years RI with a
fine of Rs.2000/- and 20 years RI with a fine of Rs. 10,000/-with default
stipulation, respectively, vid e judgment of conviction and order of sentence
dated 04.07.2023 passed by XIth Additional Sessions Judge/Special Judge
POCSO Act, Distt. Gwalior in Case No. SC/139/2021.
Appellant so far has undergone jail incarceration of about one year.
As per prosecution story, on 27.04.2021 at about 2.10 p.m., when the
prosecutrix was in her house and her mother and younger brother were
sleeping, at that time some one knocked at the door and when she opened the
door she found that accused/appellant Santosh Gurjar was standing there.
Thereafter, accused asked for one glass of water and sat on the bed and when
she brought water, the accused made her lie down on the bed and committed
rape on her. When the prosecutrix cried, her mother came and pushed the
accused away from the prosecutrix. Thereafter, the accused ran away. Upon
registration of the FIR statements of the witnesses were recorded. After
collection of incriminating material challan was filed. The case was committed
to the Sessions Court for trial. The Sessions Court upon critical evaluation of
the evidence placed on record and examination of witnesses has convicted and
sentenced the present appellant as aforesaid.
Shri Anil Kumar Mishra while taking exception to the impugned judgment
interalia submits that the appellant is innocent and has been falsely implicated.
Learned Counsel further submits that as per statement of the Doctor (PW/4)
the prosecutrix is habitual of sex and her hymen is old ruptured and there is no
external or internal injury on the body of the prosecutrix. The parents as well as
prosecutrix have turned hostile. The conviction is based on the ground that the
prosecutrix is less than 16 years of age, however, with regard to the age of the
prosecutrix, the parents of the prosecutrix have turned hostile. He further
submits that appeal is of the year 2023 and there is no likelihood of early hearing
of the appeal in near future. Under such circumstances, prayer i s made for
suspension of sentence and grant of bail to the present appellant.
Per contra, Ms. Gyanani, learned Public Prosecutor while supporting the
impugned judgment submits that the FSL and DNA reports are positive and the
prosecutrix was minor at the time of incident, ttherefore, no exception can be
taken in the matter of suspension of sentence and grant of bail to the present
appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the obtaining facts and circumstances of the case and
that the present appeal is of the year 2023 and there is no likelihood of early
hearing of the appeal, appellant is held entitled for suspension of jail sentence.
Accordingly, it is directed that the jail sentence of appellant Santosh @
Sunnu @ Dhola shall remain suspended and he shall be released on bail,
subject to verification of amount of fine being deposited and on his furnishing a
personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty
Thousand only) with one solvent surety in the like amount to the satisfaction of
the Trial Court. Appellant is directed to appear before the Registry of this
Court first on 12-02-2024 and on other subsequent dates as may be fixed by
the Office in this behalf.
Accordingly, I.A.No. 14411 of 2023 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of disposal of the
application for suspension of sentence and shall have no hearing on the merits
of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
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