Madhya Pradesh High Court
Sonu @ Rajendra Choudhary vs The State Of Madhya Pradesh on 9 January, 2023
Author: Sujoy Paul
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 709 of 2021
(SONU @ RAJENDRA CHOUDHARY Vs THE STATE OF MADHYA PRADESH)
Dated : 09-01-2023
Shri Prasanna Namodeo - Advocate for the appellant.
Shri Yogesh Dhande - Government Advocate for the State of M.P.
Heard o n I.A. No.1704 of 2021 for suspension of remaining jail
sentence and grant of bail to appellant- Sonu @ Rajendra Choudhary arising out
of judgment dated 07/09/2020 passed in SC/23/2019 by the Special Judge
(Protection of Children from Sexual Offences Act 2012), Anuppur, M.P.
Shri Dhande, learned counsel for the State submits that victim has been
served.
The appellant has been convicted and sentence under Section 6 r/w
Section 5 of the Protection of Children from Sexual Offences Act 2012 to
undergo RI for 21 years and fine of Rs.3000/- with default stipulation, under
Section 363 of IPC to under RI for two years and fine of Rs.1000/- with default
stipulation and under Section 366 of IPC to undergo RI three years and fine of
Rs.2000 with default stipulation.
As per prosecution story the prosecurix herself lodged an FIR on
2.7.2019 that on 29.11.2018 she was subjected to sexual assault by the
appellant.
Learned counsel for the appellant submits that there is inordinate delay in
lodging the FIR. Para-8 of the impugned judgement itself shows that there were
ample opportunities to the victim to raise an alarm or come out of house of the
appellant during the period between 29.11.2018 to 2.7.2019. The victim came
back to her house on 25.6.2019 and lodged FIR only on 2.7.2019. The
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 1/10/2023
10:26:35 AM
inordinate delay in lodging the FIR is nowhere explained. The Court below has
determined the age of the prosecutrix on incorrect basis. Although the
admission register was produced, the finding given in the said register is not
trustworthy for the simple reason that father of the victim (PW-3) deposed that
victim is the eldest daughter and she was born after one year from the date of
marriage. The marriage was solemnized by father of victim in the year 1998.
Thus, as per this calculation, the victim was born before 2000. Therefore, on
the date of incident, i.e. 29.11.2018, she was a major. This, conclusion can be
drawn by the statement of brother of the victim (PW-8) also. The final hearing
of this appeal will take time. It was a case of consent and, therefore, the
appellant has been wrongly held guilty for committing sexual offence.
The prayer for suspension of remaining jail sentence and grant of bail is
opposed by learned Government Advocate on the strength of objection.
Considering the aforesaid factual backdrop, without expressing any
conclusive opinion on merits of the case, we deem it proper to suspend the
remaining jail sentence of the appellant. Accordingly, aforesaid I.A. is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentences of the appellant is hereby suspended and it is directed
that the appellant- Sonu @ Rajendra Choudhary 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, Anuppur on
17/04/2023 and also on such other dates, as may be fixed by the trial court in
this regard during the pendency of this appeal.
C.C. as per Rules
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 1/10/2023
10:26:35 AM
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
bks
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 1/10/2023
10:26:35 AM
