Pawan @ Halke vs The State Of Madhya Pradesh
2023 Latest Caselaw 10816 MP

                                                              1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                     CRA No. 12205 of 2022
                                             (PAWAN @ HALKE Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-07-2023
                                 Mr. Romesh Pratap Singh, Advocate for the appellant.

                                 Mrs. Abha Mishra, Public Prosecutor for the respondent - State.

Admit.

Heard on I.A. No. 543 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 11.11.2022 passed by S p ec ial Sessions Judge (POCSO Act), Shivpuri (M.P.) in Case No. SC/130/2019, whereby appellant has been convicted and sentenced under Section 363 of IPC to undergo rigorous imprisonment of two years with fine of Rs.1000/-, under Section 366 of IPC to undergo rigorous imprisonment of three years with fine of Rs.2000/- and under Section 4 of POCSO Act to undergo rigorous imprisonment of 10 years with fine of Rs.2000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly

convicted the appellant without considering the medical as well as ocular evidence. In respect to age of the prosecutrix,the statements of her mother (PW-3), her maternal grand-mother (PW-2) and maternal aunt (PW-4) specifically reflects that prosecutrix was major at the time of incident. PW-5, teach of the concerned school of the prosecutrix, has also stated that no record in respect to date of birth of the prosecutrix is there in the school record. Under these circumstance, learned trial Court has wrongly held that prosecutrix was Signature Not Verified Signed by: ALOK KUMAR Signing time: 14-Jul-23 10:10:09 AM

minor at the time of incident. It is further argued that the prosecutrix in her statement has stated that she was threatened by the appellant in the bus where other persons were also travelling, however, she never raised any alarm about the alleged threatening by the appellant. In the medical evidence, no external or internal injury was found, even hymen was found to be intact. Under these circumstances, where the appellant has already served nine months of incarceration and present criminal appeal is likely to take long time to conclude, prayer is made to suspend the jail sentence and grant of bail to the appellant Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 543 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 21.9.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 14-Jul-23 10:10:09 AM

(SUNITA YADAV) JUDGE AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 14-Jul-23 10:10:09 AM