X vs The State Of Madhya Pradesh
2023 Latest Caselaw 21434 MP

Madhya Pradesh High Court

X vs The State Of Madhya Pradesh on 14 December, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 10481 of 2023
                                               (X Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 14-12-2023
                                 Shri Ashish Gupta, learned counsel for the appellant.

                                 Shri Garuav Singh Chouhan, learned Govt.Advocate for the
                           respondent/State.

Heard on I.A.No.12528/2023, which is first application under Section 389(1) of the appellant.

2. Appellant stands convicted vide judgment dated 02.08.2023, passed by the Special Judge, Protection of Children from Sexual Offences Act, 2012, Barwani, District Barwani (MP) in S.C.No. 100/2022 for offence under Section 5(n)/6 of the POCSO Act and sentenced to undergo RI for 20 years with fine of Rs.1,000/- and default stipulation .

3. As per prosecution story, the allegation against the present appellant is that he outraged the modesty of the prosecutrix and committed rape upon her.

4. Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. It is further submitted that due to some money

dispute, the appellant has been implicated in the alleged offence. The age of the prosecutrix was aged about 16 years and 8 months at the time of incident. There are material contradictions and omissions in the statement of the prosecution witnesses. The FIR is also delayed by three-four days. Even the MLC and FSL reports are negative and do not support the case of the prosecution. Appeal is of the year 2023 and its final disposal will take considerable time. Hence, it is prayed that the substantive jail sentence of the appellant be suspended and he be released on bail.

5. Learned counsel appearing for the State opposes the prayer and prays for rejection of the application.

6. On due consideration of the facts and circumstances of the case coupled with the fact that this appeal is of the year 2023 and final disposal of this case will take considerable long time, without expressing any opinion on the merits of the case, I.A.No.12528/2023 is allowed and it is directed that upon depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of the appellant shall remain suspended till final

disposal of the appeal and he shall be released on bail. He shall appear before the concerned trial Court firstly on 12.02.2024 and on all other subsequent dates, as may be fixed in this behalf by that Court.

I.A.No.12528/2023 stands disposed of.

List for final hearing in due course.

Certified copy as per rules.

                                (S. A. DHARMADHIKARI)                                  (PRANAY VERMA)
                                         JUDGE                                             JUDGE




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