Ramgopal @ Gopal Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 21707 MP

Madhya Pradesh High Court

Ramgopal @ Gopal Choudhary vs The State Of Madhya Pradesh on 18 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                                                  1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 7173 of 2019
                                      (RAMGOPAL @ GOPAL CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-12-2023
                                 Shri Quazi Fakhruddin - Advocate for the appellant.

                                 Shri Ajay Shukla - Government Advocate for the respondent-State.

Heard on I.A. No.18843 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Ramgopal @ Gopal Choudhary arising out of judgment dated 14/8/2019

delivered in S.T. No.49/2016 passed by Ist Additional Sessions Judge Nagod, Distt. Satgna (MP).

The appellant has been convicted for the offence punishable under Section 376 and 323 of the IPC and sentenced to undergo RI for 20 years with fine of Rs.25,000/- and sentenced to undergo RI for one year with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant submits that prosecutrix is a married woman, aged about 35 years, having six children. As per the report lodged by her, the appellant allegedly sexually assaulted her in Delhi, six months back prior

to the incident dated 17/12/2015. In her deposition she candidly admitted that she did not inform her husband about the alleged sexual assault before the incident of 17/12/2015 had taken place. Her deposition further shows that when she was allegedly sexually assaulted at Delhi her elder daughter Poonam was with her. It is further argued that the incident was reported in police after delay of two days on 19/12/2015. The delay is sought to be explained by stating that the victim was under the threat of the appellant. However, the accusation relating to threat could not be proved and appellant was acquitted from

committing offence under Section 506 of the IPC. There was no internal injury found in the medical examination of the victim. Neither FSL nor DNA report exists to support the case of the prosecution. Thus, Shri Fakhruddin submits that case of prosecution is like house of cards which has no legs to stand. The alternative argument is that even assuming that any such incident had taken place, it's a case of consent because it was difficult to swallow that victim was sexually assaulted at Delhi and she will keep mun for six months. The appellant remained in custody for 4 years 3 months. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence may be suspended.

Learned Government Counsel opposed the prayer on the basis of para

12 and 13 of the impugned judgment.

Considering the aforesaid factual backdrop, period of custody of appellant and bleak chances of final hearing in near future, without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.18843 of 2023 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 - Ramgopal @ Gopal Choudhary be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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 trial Court, Nagod Distt. Satna on 12th 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.

Certified copy as per Rules.

                                 (SUJOY PAUL)       (BINOD KUMAR DWIVEDI)
                                    JUDGE                   JUDGE
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