Madhya Pradesh High Court
Akhilesh vs The State Of Madhya Pradesh on 9 January, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6812 of 2022
(AKHILESH Vs THE STATE OF MADHYA PRADESH)
Dated : 09-01-2023
Shri Vijay Shukla - Advocate for the appellant.
Shri Pankaj Raj - Panel Lawyer for the respondent/State.
Trial court record has been received.
Heard on admission.
Prima-facie, this appeal seems to be arguable. Hence, admitted for final
hearing.
Heard on I.A.No.14891/2022, an application under Section 389(1) of
Cr.P.C for grant of bail pending appeal.
Appellant has been convicted for commission of offence under Sections
363, 366(A) and 376 of IPC and Section 3/4 of the POCSO Act. He has been
sentenced under Section 366(A) of IPC to undergo 5 years RI and fine of
Rs.2000/- and under Section 3/4 of the POCSO Act he has been sentenced to
undergo 10 years RI and fine of Rs.3000/- with default stipulations, vide
judgment dated 30.07.2022, passed in Special Case No.51/2020 by Special
Judge, POCSO Act, 1st ASJ, Ashta, District Sehore.
Learned counsel for the appellant has submitted that appellant has been
wrongly convicted. Prosecutrix in her evidence has not supported the
prosecution story. Learned trial Court has not taken into consideration the
evidence of the prosecutrix's father who has deposed that at the time of
admission in the school prosecutrix was 5 years of age and further he is not
aware about exact date of birth of the prosecutrix. Prosecutrix is a major and
has entered into wedlock with the appellant. Appellant is the legitimate father of
Signature Not Verified
Signed by: JASLEEN SINGH
SALUJA
Signing time: 1/10/2023
10:43:27 AM
prosecutrix's son. No offence under Section 366(A) of IPC and Section 3/4 of
the POCSO Act is made out against the appellant. Appellant has a fair chance
to succeed in the appeal. It is further submitted that there is no one to look
after the prosecutrix and her minor son. Disposal of the appeal will take
considerable time. Appellant is ready to abide by all the conditions whatsoever
imposed by this Court. Therefore, it has been prayed that appellant be released
on bail.
On the other hand, learned Panel Lawyer has opposed the grant of bail to
the appellant.
On a perusal of the prosecutrix PW6's evidence, it is apparent that she
has not supported prosecution story. I have also gone through the evidence of
the prosecutrix's father. Appellant has been convicted on the basis of DNA
report. So far the age of the prosecutrix is concerned, at the time of
commission of offence, she was major or not is a matter of appreciation of
evidence. Learned trial Court has concluded that at the time of commission of
offence, prosecutrix was around 17 years of age. However, it cannot be
overlooked that disposal of this appeal will take considerable time as there is no
possibility of hearing of this appeal in the near future. Therefore, having taken
into consideration the evidence of prosecutrix PW6 who has not supported the
prosecution story, evidence of his father and the other material available on
record, I am of the view that it is a case in which jail sentence of the present
appellant may be suspended till disposal of this appeal.
Consequently, I.A.No.14891/2022 is allowed. The execution of jail
sentence of appellant - Akhilesh is hereby suspended subject to depositing
the fine amount, (if not already deposited). It is directed that the appellant be
Signature Not Verified
released on bail on his furnishing a personal bond to a sum of Rs.50,000/-
Signed by: JASLEEN SINGH
SALUJA
Signing time: 1/10/2023
10:43:27 AM
(Rupees Fifty 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 on 04.6.2023 and also on such other dates, as may be fixed by that
Court in this regard during the pendency of this appeal.
List this appeal for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
Jasleen
Signature Not Verified
Signed by: JASLEEN SINGH
SALUJA
Signing time: 1/10/2023
10:43:27 AM
