Madhya Pradesh High Court
Shriram Rawat vs The State Of Madhya Pradesh on 14 July, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4297 of 2023
(SHRIRAM RAWAT Vs THE STATE OF MADHYA PRADESH)
Dated : 14-07-2023
Shri F.A. Shah, learned counsel for the appellant.
Mrs. Anjali Gyanani, learned Public Prosecutor for the respondent/State.
Heard o n I.A. No. 5634/2023, which is first application under Section
389(1) of Cr.P.C. moved on behalf of sole appellant-Shriram Rawat, seeking
suspension of sentence and grant of bail.
Appellant stands convicted under Section 3/4 of POCSO Act and
sentenced to undergo twenty years RI with fine of Rs.10000/- with default
stipulation vide judgment of conviction and order of sentence dated 03/3/2023
passed by Special Judge, POCSO Act and Second Additional Sessions Judge,
District Datia (M.P.) in ST No.08/2020.
Appellant so far has undergone 9 months' incarceration as against
sentence awarded.
At the instance of the prosecutrix initially FIR was lodged for the offence
punishable under Section 3/4 of POCSO Act with the allegation that on
18.02.2020 at about 12 noon while she was standing near her house, the
appellant is alleged to have dragged her inside the room where he outraged her
modesty. On her screaming, her aunt and grandfather came there and the
appellant is said to have run away from the spot. However, in her statement
under Section 164 CrPC recorded on 19.02.2020 she also alleged to have been
sexually abused by the appellant. Accordingly, the offence was registered.
Learned counsel for the appellant submits that during trial the prosecutrix
has turned hostile and belied the story of prosecution. Besides, she has stated
to be age of 18-19 years. Under such circumstances, the Sessions Court
committed grave illegality while convicting and sentencing the appellant. The
prosecutrix has never attended the school. Hence, learned counsel for the
appellant prays for suspension of jail sentence and grant of bail to the appellant.
Per Contra, Mrs. Gyanani, learned Public Prosecuto opposes the prayer
primarily on the ground that the prosecutrix's date of birth is 30.05.2005 as per
scholar register, therefore, she was minor at the time of alleged crime. The DNA
was found positive. Under such circumstances, her consent was immaterial and
the offence of sexual abuse has rightly been found proved by the Sessions
Court. Hence, no exception can be taken in the context of suspension of
sentence and grant of bail to the appellant.
Upon hearing learned counsel for the parties, we are of the view that
prima facie the appellant has made out a case for suspension of sentence regard
being had to the facts and circumstances of the case. The appeal is of the year
2023. There is no likelihood of early hearing of appeal in near future. Hence, in
the obtaining facts and circumstances of the case, the appellant is held entitled
for suspension of jail sentence and grant of bail.
Accordingly, I.A. No.5634/2023 stands allowed and it is directed that
the jail sentence of sole appellant-Bhagwan Singh Rajak shall remain suspended
and he be released on bail on his furnishing a personal bond in the sum of
Rs.2,00,000/- (Rupees Two lakhs only) with one solvent surety in the like
amount to the satisfaction of the trial Court subject to verification of factum
regarding deposit of fine amount. Appellant is directed to appear before the
Registry of this Court first on 13/09/2023 and on other subsequent dates as
may be fixed in this behalf.
Accordingly, the I.A. stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
yog
YOGESH
VERMA
2023.07.14
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
19:29:27
+05'30'
