Aman Bansal @ Aman Amiliha vs The State Of Madhya Pradesh
2023 Latest Caselaw 21044 MP

Madhya Pradesh High Court

Aman Bansal @ Aman Amiliha vs The State Of Madhya Pradesh on 12 December, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11733 of 2023 (AMAN BANSAL @ AMAN AMILIHA Vs THE STATE OF MADHYA PRADESH)

Dated : 12-12-2023 Shri Prakash Upadhyay - Advocate for the appellant.

Shri Aman Patel - Panel Lawyer for the State. Shri Jitendra Parihar - Advocate for the objector.

Heard on admission. The appeal is admitted for hearing. Considered I.A.No.22057/2023, which is first application u/s 389(1)

Cr.P.C. for suspension of sentence on behalf of appellant-Aman Bansal @ Aman Amiliha.

Vide impugned judgment dated 06.9.2023 passed in SC No.153/2020 by Special Judge (POCSO Act), Rewa the appellant has been been convicted for offences u/s 376(1) of IPC and 3/4 of POCSO Act and sentenced to undergo R.I. for 10 & 10 years with fine of Rs.500/- & Rs.500/- with default stipulations.

Learned counsel for the appellant submitted that appellant has been falsely implicated in the crime in question. The impugned judgment has been

passed without appreciating the oral and documentary evidence on record. The age of the prosecutrix has been determined by the trial Court on the basis of transfer certificate of school. In the State of M.P. the Government has introduced statutory rules governing the field namely, M.P. Date of Birth (Entries in the School Register) Rules, 1973. Heavy reliance is placed on Rules 3 & 4 to contend that unless the date of birth is recorded in the manner prescribed in the Rules, the same cannot be accepted within is recorded in the Admission Register. The parents of victim had not given any declaration as

required under Rule 3 of the Rules. In absence thereof, the date of birth so recorded has no evidentiary value. The appellant was on bail during trial. The appellant has very good case and he hopes to succeed. The appellant is in jail since the date of judgment. Final disposal of this appeal would take considerable time. Hence, prayed for suspension of sentence and grant of bail to appellant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Considering the aforesaid facts and circumstances of the case, aforesaid Rules, appellant was on bail during trial, final disposal of this appeal would take

considerable time, without commenting on merits of the case, the application is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant-Aman Bansal be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the concerned trial Court on 22th of February, 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

I.A.No.22057/2023 is disposed of.

List for final hearing in due course.

(HIRDESH) JUDGE

RM