Madhya Pradesh High Court
Raju @ Indrakumar Vishwakarma vs The State Of Madhya Pradesh on 17 January, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1399 of 2022
(RAJU @ INDRAKUMAR VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)
Dated : 17-01-2023
Shri R.Sahu-Advocate for the appellant.
Shri S.K.Kashyap- Govt. Advocate for the respondent/State.
Shri Y.Chourasia-Advocate for the objector.
Heard on I.A.No. 17400/22, an application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellant arising out of
judgment dated 18/01/2022 delivered in S.C.No.184/21 by the learned 2nd
Ad d itio nal Sessions Judge/Special Judge (POCSO Act), District
Chhindwara(M.P).
The appellant has been convicted under Sections 366, 342 of IPC and
under Section 6 of POCSO Act and sentenced to undergo RI for 5 years and
fine of Rs. 2000/-, Life Imprisonment with fine of Rs.5000/- and RI for one
year with fine of Rs. 1000/- respectively, with default stipulations.
Learned counsel for the appellant submits that as per prosecution story,
the complainant herself lodged a report on 26-12-2018 that she is aged about 12
years and the appellant on 23-12-2018 forcibly taken her inside the cement
'pulia'. Thereafter, he had forcibly taken her to the agricultural field of Sukhram
Gond and sexually assaulted her on more than one occasion.
Learned counsel for the appellant submits that the court below
determined the age of the victim as 17 years 07 months and 22 days. The age
was determined on the basis of admission register without there being
foundational material on the strength of which, the said date of birth was
recorded. The medical evidence does not suggest any internal or external injury
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 1/18/2023
2:44:22 PM
on the body of the victim. The FSL sample was taken after four days from the
date of incident, which creates serious doubt about its outcome, which is
against the appellant.
By taking this Court to the statement of the victim (PW-1), learned
counsel for the appellant submits that in cross-examination, she categorically
admitted that on the date of incident, the appellant was under the influence of
liquor. His condition was so grave that he was not even able to properly stand
and walk. In this backdrop, it is not possible that appellant had committed
sexual assault with the victim. She further admitted that the cement 'pulia' was
not wide enough to accommodate two persons but, apart from this, she further
deposed that she waited for four days for the appellant in her house but, when
the appellant did not turn up, she lodged a report against the appellant. In
paragraph-22 of the cross-examination, she deposed that there are nail injuries
on her body arising out of said incident but, the medical report does not
suggest any external injury. The appellant has been erroneously convicted by
the court below.
Learned Government Advocate opposed the prayer on the basis of
objection.
Learned counsel for the objector submits that victim has no objection, if
the sentence is suspended.
We have heard the parties at length and perused the record. Considering
the aforesaid factual backdrop, without expressing any conclusive opinion on
the merits of the case, we deem it proper to suspend the remaining jail sentence
of appellant. Accordingly, I.A.No. I.A.No. 17400/22 is allowed.
Subject to depositing the fine amount (if not already deposited), the
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 1/18/2023
2:44:22 PM
remaining jail sentence of the appellant is hereby suspended and it is directed
that on furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty
Thousand Only) along with one surety in the like amount to the satisfaction of
the trial Court, the appellant Raju @ Indra Kumar Vishwakarma be released
on bail with a further direction to remain present before the Trial Court,
Chhindwara on 17/04/2023 and 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
PG
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 1/18/2023
2:44:22 PM
