Rahul vs The State Of Madhya Pradesh
2023 Latest Caselaw 10360 MP

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                               HIGH COURT OF MADHYA PRADESH AT INDORE
                                       CRIMINAL APPEAL NO.6232 OF 2022
                                            (Rahul vs The State of Madhya Pradesh)

                         Indore, Dated 07.07.2023
                              Mr. Akash Rathi, counsel for the appellant.
                              Mr. Kamal Tiwari, counsel for the respondent/State.

_____________________________________________________ (1) Heard on IA No.2703/2023 which is first application filed under Section 389 (1) of Criminal Procedure Code, 1973, on behalf of appellant - Rahul S/o Kumawat who has been convicted by learned Special Judge, POCSO Act, 2012, Mandleshwar, Paschim Nimad, District-Khargone (MP) in SC ATR No.82/2018 vide judgment dated 08.06.2022 and has been sentenced him as under:

                                         Conviction                              Sentence
                               Section & Act     Imprisonment        Fine          Imprisonment in
                                                                    Amount           lieu of fine
                                  366 IPC         05 years RI       Rs.1,000/-      Two months RI
                                376 DA IPC           Life           Rs.5,000/-      One month RI
                                                 Imprisonment
                                 3(2)(v) of          Life           Rs.5,000/-      One month RI
                                SC/ST (PA)       Imprisonment
                                Act, 1989.
                                3(2)(va) of       01 year RI        Rs.500/-        One month RI
                                SC/ST (PA)
                                Act, 1989.
                                3(1)(w)(i) of     01 year RI        Rs.500/-        One month RI
                                SC/ST (PA)
                                 Act, 1989.




Signature Not Verified
Signed by: ARUN NAIR
Signing time: 10-07-
2023 10:03:25

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.6232 OF 2022 (Rahul vs The State of Madhya Pradesh)

(2) Counsel for the appellant submits that appellant is innocent and has been falsely implicated in the aforesaid offence. He submits that in 161 Cr.PC statement, PW/1 has not stated anything against the present appellant and PW/1 improves his versin in 164 Cr.PC statement and Court statement. The FSL and DNA report also not supports the prosecution story. The final disposal of the appeal is likely to take sufficient long time. Hence prays for suspension of sentence and grant of bail to the appellant. (3) Per contra, counsel for the respondent/State has opposed the application and prays for its rejection. (4) Having considered the facts and circumstances of the case as well as the evidence of prosecution witnesses and the medical evidence of prosecutrix, it is a fit case for grant of suspension to the appellant. Accordingly, application IA No.2703/2022 is allowed.

(5) It is directed that substantive jail sentence of appellant - Rahul S/o Kumawat shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of concerned trial Court for his appearance on 14.12.2023 and on all

Signature Not Verified Signed by: ARUN NAIR Signing time: 10-07-

2023 10:03:25

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.6232 OF 2022 (Rahul vs The State of Madhya Pradesh)

other subsequent dates as may be fixed by the Court concerned in this behalf. Accordingly, application IA No.2703/2023 stands disposed of.

(6) List the appeal for final hearing in due course.

Certified copy, as per Rules.

                                        (S.A. DHARMADHIKARI)                                 (HIRDESH)
                                              JUDGE                                           JUDGE

                         Arun/-




Signature Not Verified
Signed by: ARUN NAIR
Signing time: 10-07-
2023 10:03:25

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.6232 OF 2022 (Rahul vs The State of Madhya Pradesh)

Signature Not Verified Signed by: ARUN NAIR Signing time: 10-07-

2023 10:03:25