Akash @ Akku vs The State Of Madhya Pradesh
2023 Latest Caselaw 10754 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5415 of 2021 (AKASH @ AKKU Vs THE STATE OF MADHYA PRADESH)

Dated : 12-07-2023 Shri Manish Kumar Jain-Advocate for the appellant.

Shri A.N.Gupta-Government Advocate for the State.

Heard o n I.A. No.4352/2022, application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant - Akash alias Akku arising out of judgment dated 13.08.2021 delivered in Special

Sessions Trial No. No.21/2019 by Second Upper Sessions Judge/Special Judge, Seoni, District Seoni.

T h e appellant has been convicted under Section 363 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.1000/-, Section 366 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs. 2000/-, Section 376(1) of IPC and sentenced to undergo R.I. for life with fine of Rs. 5000/- and Section 3(Ka) R/w Section 4 of Protection of Children from Sexual Offences Act and sentenced to undergo R.I. for life with fine of Rs. 5000/- with default stipulations.

Learned counsel for the appellant has submitted that learned trial Court has wrongly determined the age of prosecutrix. No ossification test has been conducted for determining the age of prosecutrix. It is case of consent. The F.S.L. report also does not support the prosecution story. Learned trial Court has not appreciated the evidence of the witnesses in proper perspective. In this connection, learned counsel for the appellant relying upon the judgment passed by the Division Bench of this Court in State of M.P. vs. Kallu reported in (2019) 1 MPWN 77 and Calcutta High Court in Cr.A. No.458/2018 (Ranjit Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 7/12/2023 5:57:06 PM

Rajbanshi vs. State of West Bengal and others) dated 17.9.2021. He further submits that there is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

The prayer is opposed by Shri A.N. Gupta Government Advocate for the State on the basis of objection.

Taking into consideration the overall evidence, including the deposition of prosecutrix and her age coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.4352 /2022 is

allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Akash alias Akku is hereby suspended and it is directed that the appellant 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, Seoni on 4/10/2023 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.

                             (SUJOY PAUL)                                     (ACHAL KUMAR PALIWAL)
                                JUDGE                                                 JUDGE

                          kundan




Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 7/12/2023
5:57:06 PM