Madhya Pradesh High Court
Arjun Kewat vs The State Of Madhya Pradesh on 10 January, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8732 of 2022
(ARJUN KEWAT Vs THE STATE OF MADHYA PRADESH)
Dated : 10-01-2023
Shri B.K. Upadhyay - Advocate for the appellant.
Shri Akhilendra Singh - Government Advocate for the State.
Parties are heard on I.A.No.21699/2022, an application for suspension of
sentence and grant of bail to appellant Arjun Kewat arising out of judgment
dated 08/09/2022 delivered in Special Case No.156/2020 by Special Judge
(POCSO Act), Narmadapuram (M.P.).
The appellant has been convicted under Sections 363, 366 of the IPC
and sentenced to undergo R.I. for three years and fine of Rs.1,000/- and R.I.
for five years and fine of Rs.2,000/- respectively with default stipulation and
under Section 5(L)/6 of the POCSO Act and sentenced to undergo R.I. for 20
years and fine of Rs.2,000/- with default stipulation.
Learned counsel for the appellant submits that as per prosecution story
appellant took the victim with her on 29/07/2020. The age of the victim is
determined by Court below as 17 years 6 months and 6 days. The
determination of age by the Court below is questioned by contending that
although school register was produced to establish her date of birth as
23/01/2003, the said entry creates a doubt because the father of victim (PW-5)
clearly deposed that he solemnized marriage in the year 2000 and next year the
victim was borne. In that case victim was borne in the year 2001 and incident
had taken place on 29/07/2020. Thus, on the date of incident the victim was
major. By taking this Court to the statement of victim (PW-1) Shri B.K.
Upadhyay submits that she went on her own with the appellant and remained
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 11-Jan-23
11:24:21 AM
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with appellant in a rented house for a period of three months. She candidly
admitted that she developed physical relation on her own with the appellant.
Thus, its a case of consent and since the age is wrongly determined, the Court
below has eroneously held the appellant as guilty under the provisions of
POCSO Act. If two adult persons lived togather and developed physical
relations, neither POCSO Act is attracted, nor finding of DNA is of any
assistance to the prosecution. The appellant is a boy aged about 23 years. Final
hearing of this appeal is not possible in near future. Considering the aforesaid
remaining jail sentence of appellant may be suspended.
Shri Akhilendra Singh, learned Government Advocate for the
respondent/State opposed the prayer on the basis of objection.
We have heard the parties at length.
Considering the aforesaid factual backdrop and without expressing any
opinion on merits, we deem it proper to suspend the remaining jail sentence of
the appellant. Accordingly, I.A.No.21699/2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant is hereby suspended and it is directed that
appellant - Arjun Kewat 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, Narmadapuram (M.P.) 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.
Certified copy as per rules.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 11-Jan-23
11:24:21 AM
JUDGE JUDGE
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 11-Jan-23
11:24:21 AM
