Madhya Pradesh High Court
Lakhan Lal vs The State Of Madhya Pradesh on 28 February, 2023
Author: Sujoy Paul
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7759 of 2022
(LAKHAN LAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 28-02-2023
Shri L.N. Sakale - Advocate for the appellant No.2/Shrikishan.
Shri S.K. Kashyap - Government Advocate for the State.
Shri Ankur Kashyap - Advocate for the victim.
I.A. No.21390 of 2022 an application under Section 389(1) of the Cr.P.C
for suspension of sentence and grant of bail filed on behalf of appellant No.2
arising out of judgment dated 05.08.2022 delivered in S.C. No.67/2018, by IIIrd
Upper Session/Special Judge (POCSO Act), Harda District Harda (M.P.) is
taken up for consideration.
The appellant No.2 has been convicted under Section 450 of the I.P.C.
and sentenced to undergo R.I. for seven years with fine of Rs.200/-, Section
363/34 of the I.P.C. and sentenced to undergo R.I. for three years with fine of
Rs.100/-, Section 366/34 of the I.P.C. and sentenced to undergo R.I. for seven
years with fine of Rs.200/-, Section 376(|) of I.P.C. and sentenced to undergo
R.I. for twenty years with fine of Rs.2,000/- and Section 5(N)/6 of POCSO Act
and sentenced to undergo R.I. for ten years with fine of Rs.500/- with default
stipulation.
Learned counsel for the appellant No.2 submits that as per prosecution
story, the father of complainant lodged a complaint in Police State Seetagarh
District Harda on 06.06.2018 that his daughter/victim a month ago at around
3:00 am suddenly left the house. After 3-4 days, the father of complainant came
to know that appellant no.1 has forcibly taken the prosecutrix and kept her in
his house. After taking assistance from Police, she was recovered from the
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 3/2/2023
10:22:30 AM
house of appellant No.1 from village Morghari. She was recovered on
06.06.2018.
Shri L.N. Sakale, learned counsel for the appellant No.2 by taking this
Court to the first case diary statement of victim (Ex. D-1) submits that she did
not take the name of present appellant. However, in a supplementary statement,
she improved her story and took the name of appellant No.2. When she was
confronted in the Court with her previous statement (Ex. D-1), the omission
was apparent and she could not assign any justifiable reason for not mentioning
the name of this appellant No.2 in the first case diary statement.
Shri Sakale, learned counsel for the appellant No.2 also placed reliance
on the MLC (Ex. P-2) and the medical report which shows that the victim was
habitual of sexual intercourse and no definite opinion could be formed about
any sexual assault. Pertinently in both the documents (Ex. P-2)/MLC the name
of Lakhanlal/appellant No.1 only finds place. This appellant N o . 2 was
unnecessarily and falsely arraigned. The final hearing of appeal will take time.
Thus, the remaining jail sentence of the appellant may be suspended.
Shri S.K. Kashyap, Government Advocate has opposed the prayer on
the basis of objection.
Shri Ankur Kashyap submits that objector has no objection, if remaining
jail sentence of appellant No.2 is suspended.
We have heard the parties.
Considering the aforesaid factual backdrop and without expressing any
conclusive opinion on merits, we deem it proper to suspend the remaining jail
sentence of the appellant No.2/Shrikishan son of Heeralal. Accordingly, I.A.
No.21390 of 2022 is allowed.
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 3/2/2023
10:22:30 AM
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant No.2 - Shrikishan is hereby suspended
and it is directed that the appellant No.2 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, Harda on 8th May,
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
HK
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 3/2/2023
10:22:30 AM
