Akram Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 2190 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                          CRA No. 2644 of 2018
                                                  (AKRAM KHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-02-2023
                                 Ms. Sharmila Sharma, learned counsel for the appellant.

                                 Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.12051/2022, which is first application for suspension of jail sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of appellant-Akram Khan.

T h e trial Court has convicted the appellant vide judgment dated 30.01.2018 passed by the Special Judge, SC/ST Act, Shajapur in S.T. No.41/2017 as under:-

Imprisonment in Section & Act Punishment Fine (if deposited) lieu of fine amount

363 of the IPC 3 years R.I. Rs.1,000/- 6 months RI

366 of the IPC 5 years R.I. Rs.2,000/- 1 year R.I.

376(1) of the IPC 10 years R.I. Rs.5,000/- 1 year R.I.

4 of POCSO ACT, 10 years R.I. Rs.2,000/- 1 year R.I.

3(1)(W)(2) of SC/ST 3 years R.I. Rs.1,000/- 6 months R.I. ACT

3(2) (5) of SC/ST Life Imprisonment Rs.5,000/- 2 years R.I.

ACT

A s per prosecution case, on 18.01.2017 at about 7:30 p.m. appellant forcibly taken the victim and committed rape upon her. The victim is belonging to SC community while the appellant belongs to other community than SC/ST community. The victim was recovered on 19.01.2017 from the possession of Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 08-02-2023 11:35:20

appellant.

Learned counsel for the appellant submitted that the appellant hs not committed any offence and he has falsely been implicated in the case. The age of the prosecutrix is not accessed properly by the trial Court. At the time of incident the prosecutrix was major and she is a consenting party. The appellant is in custody since 20.01.2017. Final hearing of the appeal is not possible in near future therefore, it is prayed that remaining jail sentence of the appellant may be suspended and appellant may be released on bail.

Learned Govt. Advocate for the respondent/State opposed the prayer of the appellant by submitting that the trial Court in paragraph-12 of the impugned

judgment has properly accessed the age of the prosecutrix as 15 years therefore, consent of the prosecutrix is not material. Dr. Aparna Saxena, P.W.-7 examined the prosecutrix and she has found that three injuries on the chest and she also found hymen recently raptured therefore, statement of prosecutrix is also supported by medical evidence. Her statement is further supported by FSL report, therefore, the application for suspension of sentence is liable to be dismissed.

We have heard learned counsel for both the parties and perused the record.

Considering the evidence available against the appellant on record at this stage, we are not inclined to grant bail to the appellant and accordingly, I.A. No.12051/2022 is dismissed.

I.A. No.12055/2022 for urgent hearing also stands closed. List for final hearing in due course.

Signature Not Verified (S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA) Signed by: AJIT KAMALASANAN Signing time: 08-02-2023 11:35:20

JUDGE JUDGE ajit

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 08-02-2023 11:35:20