Madhya Pradesh High Court
Sanju Raja vs The State Of Madhya Pradesh on 11 July, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3159 of 2023
(SANJU RAJA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 11-07-2023
Shri Aseem Dixit - Advocate for the appellants.
Shri Ajay Shukla- Government Advocate for the respondent/State.
Ms. Indu Pandey - Advocate for the Objector.
Heard o n I.A No.7720 of 2023, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 -
Sanju Raja arising out of judgment dated 09.02.2023 delivered in Special Case
No.168/2021 by IIIrd Additional Sessions Judge & Special Judge (POCSO
Act), Sagar (M.P).
This appellant has been convicted under Section 6 of POCSO Act and
sentenced to undergo R.I. for 20 years with fine of Rs.5000/- with default
stipulation.
Learned counsel for the appellant submits that as per prosecution story,
on 26.10.2020 when prosecutrix was coming back after answering call of
nature, the main accused Brajendra and other co-accused person forcibly taken
her towards forest and sexually assaulted. By taking this Court to the statement
of PW-1 (prosecutrix), Shri Dixit submits that she has neither identified
appellant No.1 nor deposed anything against him. Same is the statement of her
mother (PW-2). The FSL and DNA reports do not connect the appellant with
commission of crime. There is no iota of material/legal evidence which may
connect the appellant with the crime. The Court has merely recorded its
conclusion in Paras-51, 68 and 73 of impugned judgment. So far finding about
video recording mentioned in para-51 is concerned, that doesn't reflect any
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 12-Jul-23
11:57:49 AM
overt-act of the appellant which brings his act within the ambit of any offence
under the IPC or POCSO Act. He further submits that the final hearing of this
appeal is not possible in near future. Thus, remaining jail sentence of this
appellant may be suspended.
The prayer is opposed by learned Government Advocate on the basis of
objection.
Ms. Indu Pandey, learned counsel for the Objector clearly urged that
prosecutrix has no objection if sentence of appellant is suspended.
Considering the aforesaid factual backdrop and period of custody,
without expressing any conclusive opinion on merits, we deem it proper to
suspend the remaining jail sentence of the appellant No.1.
Accordingly, aforesaid IA is allowed.
It is directed that subject to depositing the fine amount (if not already
deposited), remaining jail sentence of appellant No.1- Sanju Raja is hereby
suspended and he shall be released on bail on his furnishing a personal bond in
the sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent
surety of the like amount to the satisfaction of the trial court concerned with a
further direction to appear before the Trial Court, Sagar on 04.10.2023 and
also on such other dates, as may be fixed by the court in this regard during
pendency of this appeal.
Certified Copy as per rules.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
sm
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 12-Jul-23
11:57:49 AM
