Prashant vs The State Of Madhya Pradesh
2023 Latest Caselaw 22066 MP

Madhya Pradesh High Court

Prashant vs The State Of Madhya Pradesh on 21 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                       1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 9294 of 2023
               (PRASHANT Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 21-12-2023
      Shri Jayant Neekhra - Advocate for the appellant.

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

Shri Satish Kumar Dixit - Advocate for the objector.

Heard on I.A. No.19221/2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Prashant

arising out of judgment dated 27.06.2023 delivered in S.C. No.1/2022 passed by Ist Additional Sessions Judge/Special Judge (POCSO) Act Begumganj Distt. Raisen (MP).

The appellant has been convicted for the offence punishable under Section 363 of IPC and sentenced to undergo RI for 3 years and fine of Rs.1000/-, Section 366 of the IPC and sentenced to undergo RI for 5 years and fine of Rs.1000/- and Section 376(2)(N) of IPC read with Section 5(L)/6 of POCSO Act, 2012 and sentenced to undergo RI for 20 years and fine of Rs.2000/- with default stipulations.

Learned counsel for the appellant submits that as per prosecution story on 27.11.2021, at around 3:00 am, the victim fled away with the present appellant on his motorcycle and visited various places including Mathura, Vrindavan and Govardhan etc. They came back on 02.12.2021 at around 7:00 pm. when appellant and victim came to know that FIR has lodged by the family members.

Learned counsel for the appellant submits that determination of age of victim by the Court below is erroneous. The court below erred in holding that

victim was aged about 17 years and 9 days on the date of incident, whereas defence witnesses, produced Ex. D/4 and Ex. D/5, the copy of registers of the school first attended by the victim. In the said registers, the date of birth of victim is mentioned as 30.08.2002. As per said date of birth, she was major and went with the appellant because of romantic relation on her own volition. The Court below has erred in disbelieving the said documents Ex. D/4 and Ex. D/5 despite the fact that necessary requirements as per Section 35 of Indian Evidence Act were satisfied. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the appellant may be suspended.

Learned Government Counsel as well as learned counsel for the objector

opposed the prayer.

Considering the aforesaid factual backdrop 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.19221/2023 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 Prashant 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, Begumganj Distt. Raisen on 12/2/2024 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
DigitallyL.R.
           signed by
LALIT SINGH RANA
Date: 2023.12.22
10:52:14 +05'30'