Madhya Pradesh High Court
Narayansingh vs The State Of Madhya Pradesh on 17 February, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 9526 of 2022
(NARAYANSINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 17-02-2023
Shri Jagdish Chand Dangi, learned counsel for the appellant.
Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.
None for the Objector.
Heard on the question of admission.
Admit.
Heard on I.A.No.13783/2022, which is first application for suspension
of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf
of appellant- Narayansingh.
The trial Court has convicted the appellant vide judgment of conviction
and order of sentence dated 21.09.2022 passed by Special Judge, POCSO Act,
District-Shajapur in S.S.T. No.33/2019 as under:-
Conviction/ Imprisonment in lieu
Punishment Fine
Section and Act of fine amount
376(3) of the IPC Life Imprisonment Rs.3,000/- 6 months R.I.
3/4 of POCSO ACT 20 years R.I. Rs.2,000/- 6 months R.I.
As per prosecution case, the prosecutrix was aged about 15 years at the
time of incident. The prosecutrix is a member of scheduled caste and the
appellant is other than SC/ST caste. On 02.02.2019 the prosecutrix was alone in
her house, at that time the appellant came there and told her that he would give
her Rs.10/- if she go with him. The prosecutrix refused to go with the appellant
then the appellant forcibly took her to his house and slammed her under a tree
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 21-02-2023
10:38:17
and committed rape upon her. The appellant threatens to kill her if she told
anyone about the incident. Due to sexual intercourse, bleeding started from the
private parts of the prosecutrix. After the incident prosecutrix returned to her
home and due to fear she did not tell her mother about the incident. When
bleeding from private part of the prosecutrix continues then her mother took her
to district hospital, Ujjain for treatment. She was referred to M.Y. Hospital,
Indore for better treatment. She was admitted at M.Y. Hospital, Indore from
15.02.2019 to 23.02.2019. During treatment prosecutrix told about the incident
to treating doctor before her mother. Thereafter, on 17.02.2019 Dehati Nalsi
Exhibit-D/1 was lodged at M.Y. Hospital, Indore against the appellant.
Learned counsel for the appellant submits that the appellant has not
committed any offence and he has falsely been implicated in the case due to
enmity. Prosecutrix has not supported the case of the prosecution in her
Examination-in-chief but thereafter, the prosecution has declared her hostile in
cross-examining the witnesses therefore, she has admitted the suggestion of
prosecution about the incident. Mother of the prosecutrix P.W.-2 has also not
supported the case of prosecution and in paragraph 2 of examination-in-chief
she further denied the suggestion of the prosecution that the prosecutrix told the
incident before her and treating doctor. The statement of prosecutrix is not
supported by medical or any other independent witnesses therefore, it is
prayed that remaining jail sentence of the appellant may be suspended and he
may be released on bail.
Learned Govt. Advocate for the respondent/State has objected the prayer
of the appellant and prays for its rejection.
An application I.A. No.266/2023, is filed on behalf of the prosecutrix
under section 301(2) of Cr.P.C. for no objection for grant of bail to the
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Signed by: AJIT
KAMALASANAN
Signing time: 21-02-2023
10:38:17
appellant.
We have heard learned counsel for both the parties and perused the
record.
Looking to the facts and circumstances of the case, considering the
evidences available against the appellant coupled with the fact that final hearing
of the appeal is not possible in near future, therefore, without expressing any
opinion on merits of the case, the application I.A.No.13783/2022 is allowed
and jail sentence of the appellant shall remain suspended.
I t is directed that subject to depositing the fine amount, if already not
deposited, appellant shall be released on bail, on furnishing personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety
in the like amount to the satisfaction of trial Court, for his appearance before the
Registry of this Court firstly on 27.03.2023, and on such other dates, as may
be fixed by the Registry in this regard, till final disposal of this appeal.
List for final hearing in due course.
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 21-02-2023
10:38:17
