Madhya Pradesh High Court
Panchlal @ Aadhar vs The State Of Madhya Pradesh on 6 February, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6385 of 2021
(PANCHLAL @ AADHAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 06-02-2023
Shri M.R. Verma - Advocate for the appellant.
Shri Arvind Singh - Government. Advocate for the respondent / State.
Shri Arvind Singh, learned Government Advocate informed that the
prosecutrix has been served.
I.A.No.19099/2021 for suspension of sentence and grant of bail to
appellant Panchlal @ Aadhar arising out of judgment dated 26/08/2021 delivered
in Special Case No.77/2020 by the Special Judge, SC/ST (Prevention of
Atrocities) Act, Chhindwara is taken up.
T h e appellant has been convicted for the offence punishable under
Sections 376(2)(n) of the IPC read with Section 6 of the POCSO Act and
Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act and sentenced to
undergo R.I. for 20 years and fine of Rs.4,000/- with default stipulation.
As per prosecution story on 14/10/2016 complainant lodged a missing
person report contending that victim is not traceable from 12/10/2016. During
investigation she could be traced from the possession of appellant on
08/06/2017.
Learned counsel for the appellant submits that the evidence and record
shows that she remained with the appellant on her own volition. It is a matter of
consent. The Court below has committed an error in the impugned judgment in
determination of age of the victim. The Court below on the basis of School
record, wherein date of birth of the victim is mentioned as 25/06/2002 opined
that on the dates of incident between 12/10/2016 to 05/06/2017 the victim was a
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 07-Feb-23
10:21:21 AM
juvenile. Criticizing this finding, the attention of this Court is drawn on the
judgment dated 15/12/2016 passed in Special Case No.300039/2016, wherein
another accused Mahesh was facing trial for committing offence under Section
363, 336, 376(2)(n) of the IPC read with Section 6 of the POCSO Act. It is
submitted that the victim in the said case is the same i.e. present prosecutrix. By
taking this Court to the findings given in the judgment dated 15/12/2016 it is
urged that the learned Special Judge in Para-12, 13 & 14 of said judgment
considered the same admission register of the School as well as the statements
of parents and came to hold that on the date of incident i.e. 09/02/2016 the
prosecutrix's age was about 20 years. The incident in question in the instant
case is subsequent to 09/02/2016, therefore, by no stretch of imagination, the
prosecutrix can be said to be lesser in age. The Court below has not considered
this aspect with accuracy. Appellant is in custody since the date of judgment i.e.
26/08/2021. The final hearing of this appeal is not possible in near future. Thus,
the remaining jail sentence appellant may be suspended.
Learned Government Advocate opposed the prayer on the basis of
objection.
Considering the aforesaid factual backdrop and determination of age of
same prosecutrix in the previous judgment dated 15/12/2016, coupled with
cross-examination of victim in the instant case, without expressing any
conclusive opinion on the merits of the case, we deem it proper to suspend the
remaining jail sentence of the appellant. Accordingly, I.A. No.19099/2021 is
allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant Panchlal @ Aadhar is hereby suspended
Signature Not Verified
and it is directed that the appellant be released on bail on his furnishing a
Signed by: ANURAG SONI
Signing time: 07-Feb-23
10:21:21 AM
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, Chhindwara on
24/04/2023 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) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 07-Feb-23
10:21:21 AM
