Madhya Pradesh High Court
Deepak @ Deepu Ojha vs The State Of Madhya Pradesh on 14 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9441 of 2023
(DEEPAK @ DEEPU OJHA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 14-12-2023
Shri Dhirendra Singh Niranjan - Advocate for the appellant.
Shri Rajesh Shukla - Learned Additional Advocate General for the
respondent/State.
Heard on I.A.No. 14508 of 2023, first application under Section 389(1)
Cr. P.C. moved on behalf of appellant Deepak @Deepu Ojha seeking
suspension of sentence and grant of bail.
Appellant stands convicted under Section 450 of IPC, 376 (3) of IPC
and Section 3/ 4 of POCSO Act and sentenced to undergo seven years RI with
a fine of Rs.2,00/-, 20 years RI, with a fine of Rs. 1,00/- and seven years RI
with a fine of Rs.2,00/- with default stipulation vide judgment of conviction and
order of sentence dated 07.06.2023 passed by Special Judge (POCSO Act),
Distt. Guna in Case No. SC/105/2020.
Appellant so far has undergone jail incarceration of about six months.
As per prosecution story, prosecutrix aged about 15 years along with her
parents lodged FIR to the effect that on 15.04.2020 they went to sleep at 12:00
in the night. At around 3:00 AM, when the prosecutrix went down stairs to
answer the call of nature and no sooner did she open the door of room then
accused Deepak Ojha entered the room. When the prosecutrix screamed, he
gagged her mouth with his hand and committed rape upon her. When her father
came, he threatened her of dire consequences and 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 Dhirendra Singh while taking exception to the impugned judgment
interalia submits that the appellant is innocent and has been falsely implicated.
He further submits that it is a case of mutual consent and in support of which he
has placed letters and photographs on record. The photographs do suggest that
the appellant and the prosecutrix were known to each other. Appeal is of the
year 2023 and there is no likelihood of early hearing of the appeal in near future.
Under such circumstances, prayer is made for suspension of sentence and grant
of bail to the present appellant.
Per contra, Shri Rajesh Shukla, learned Additional Advocate General
while supporting the impugned judgment submits that the prosecutrix was
minor at the time of incident. Therefore, 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 Deepak @
Deepu Ojha 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. 14508 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
ar
ABDUR RAHMAN
2023.12.15
15:24:19 +05'30'
