Lallu @ Jaikaran vs The State Of Madhya Pradesh
2023 Latest Caselaw 10361 MP

                                                           1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                     CRA No. 6505 of 2022
                                   (LALLU @ JAIKARAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)



                          Dated : 07-07-2023
                                       Shri Vikas Yadav, learned counsel for the appellant.

                                       Shri Bhuwan Gautam, learned Government Advocate for the
                                 respondent/State.

(1) Heard on I.A.No.606/2023, which is first application filed under Section 389(1) of the Criminal Procedure Code, 1973 for

suspension of jail sentence and grant of bail filed on behalf of appellant -Lallu @ Jaikaran.

(2) The appellant has been convicted vide judgment dated 05.11.2019 passed by the learned Special Judge, Jhabua in Special Criminal Case No.11/2018 and sentenced him as under:-

Imprisonment Section & Act Imprisonment Fine in lieu of fine amount 363 IPC 3 Years R.I. Rs.1,000/- 1 month R.I. 366 IPC 3 Years R.I. Rs.1,000/- 1 month R.I. 344 IPC 1 Year R.I. Rs.1,000/- 1 month R.I 376(2)(n) IPC 20 Years R.I. Rs.10,000/- 6 months R.I 5(l)/6 of POCSO Act 10 Years R.I. Rs.10,000/- 6 months R.I

(3) As per prosecution story, prosecutrix PW-2 and the appellant was known to each other prior to the date of incident. On 22.06.2018 the appellant took the prosecutrix from her village to Delhi,

Signature Not Verified Signed by: REENA JOSEPH Signing time: 7/10/2023 10:04:52 AM

Faridabad and kept her with him for ten days and committed rape with her. Accordingly, case has been registered against the appellant.

(4) Learned counsel for the appellant submitted that he has not committed any offence and has been falsely implicated in this crime. The trial Court has wrongly relied on the scholar register and also wrongly assessed the age of the prosecutrix below 18 years. It is further submitted that the trial Court has convicted the appellant on the ground of evidence of PW-2, but the version of PW-2 is not reliable. There are so many contradictions and omissions in her evidence. She travelled with the accused without any resistance. It is further

submitted that Sonu Bhabar (PW-6) clerk of St.Joseph High School admitted that there is no date of birth in the certificate attached with the scholar register and no document was submitted with the scholar register. Hence, prays for suspension of jail sentence and grant of bail to the appellant.

(5) Learned Government Advocate for the respondent/State opposes the prayer for suspension of sentence and prays for its rejection.

(6) We have heard the learned counsel for the parties and perused the record.

(7) Considering the evidence available on record against the appellant coupled with the fact that final hearing of this appeal is not possible in near future, therefore, without commenting on the merits of the case, we are of the opinion that the jail sentence of appellant is liable to be suspended.

(8) Accordingly, I.A.No.606/2023 is allowed and it is Signature Not Verified Signed by: REENA JOSEPH Signing time: 7/10/2023 10:04:52 AM

directed subject to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

(9) The appellant after being enlarged on bail shall mark his presence before the trial Court on 19/12/2023 and thereafter on all such subsequent dates, as may be fixed in this behalf.

Accordingly I.A.No.606/2023 stands allowed and disposed off. Certified copy as per rules.

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

                          RJ




Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 7/10/2023
10:04:52 AM