Madhya Pradesh High Court
Sonu Kushwah vs The State Of Madhya Pradesh on 14 June, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6239 of 2021
(SONU KUSHWAH Vs THE STATE OF MADHYA PRADESH)
Dated : 14-06-2023
Shri Sooraj Bhan Singh Lodhi - Advocate for the appellant.
Shri S.S. Kuswhwah - Public Prosecutor for the respondent/State.
Heard on I.A.No.4431 of 2023, first application for suspension of
sentence and grant of bail moved on behalf of appellant - Sonu Kushwah.
T he appellant stands convicted under Sections 376-D IPC read with
Section 6/5(G) POCSO Act and sentenced to undergo RI for 20 years with a
fine of Rs.25,000/- with default stipulation vide judgment of conviction and
order of sentence dated 14.09.2021 passed by Second Additional Sessions
Judge/Special Judge (POCSO Act) District Shivpuri (M.P.) in Special Case
No.76/2018.
It is submitted by learned counsel for the appellant that appellant has
suffered incarceration of one year and two months approximately.
As per prosecution story, on 30.05.2018, the prosecutrix lodged report at
Police Station Indar to the effect that she is the resident of village Khataura and
has studied till 09th standard. Approximately four months back, in the noon,
when she had gone to fetch water out of her house at that time the appellant
forcibly got her to Bharti Kushwah (co-accused) and drink cold-drink and due
to which when she became unconscious the appellant committed rape on her
whereafter Sanjay Yogi (co-accused) also committed rape on her. Due to fear
and shame, she did not tell her family members about the incident. Some days
after, she came to know that the appellant has also prepared the video of the
incident. When she felt pains and checked through Pregnancy Kit, she came to
know that she had conceived. She went to her sister at Ashok Nagar and
narrated the entire incident to her elder sister and then she came to the Police
Station to lodge report along with her parents. Accordingly, the case was
registered. Investigation was started. Upon recording of statements of the
prosecutrix and other witnesses and collection of incriminating material, challan
was filed. The case was committed to the Special Court for trial.
The Special Judge upon critical evaluation of the evidence placed on
record and recording of statements, convicted and sentenced the appellant as
referred above.
Learned counsel for appellant while taking exception to the impugned
judgment submits that the trial Court has not appreciated the evidence placed on
record in correct perspective. It is further submitted by learned counsel for the
appellant that the main allegation of getting forcibly prosecutrix to co-accused
Bharti Kushwah, administering her cold-drink, committing rape. It is further
submitted that earlier the co-accused persons, namely, Sanjay and Bharti
Kushwah have been granted the benefit of suspension of sentence and grant of
bail by this Court vide orders dated 19.01.2023 and 23.02.2023 in Criminal
Appeals No.6177 of 2021 and 6397 of 2021 respectively and the case of the
present appellant is identical to that of co-accused. The appeal is of the year
2021 and there is no likelihood of early hearing of this appeal in the near future.
Under such circumstances, learned counsel prays for suspension of sentence
and grant of bail on behalf of appellant.
Per contra, learned Public Prosecutor for the respondent-State opposed
the application supporting the impugned judgment.
Upon hearing learned counsel for the rival parties, without commenting
upon the contentions so advanced touching the merits of the case, but regard
being had to the fact that present appellant has remained in custody for one year
and five months and co-accused persons, namely, Sanjay and Bharti Kushwah
have already been granted bail by way of suspension of jail sentence, final
hearing of appeal will take time, therefore, jail sentence of appellant deserves to
be suspended during pendency of the present appeal.
Accordingly, it is directed that the jail sentence of appellant 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 Lacs only) with one solvent surety in the
like amount to the satisfaction of the trial Court.
Appellant is directed to appear before the Registry of this Court on
2/8/2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA 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) (MILIND RAMESH PHADKE)
JUDGE JUDGE
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PAWAN Digitally signed by PAWAN KUMAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001, st=Madhya Pradesh,
2.5.4.20=b864d1ab4ace2215bfcf3ab301c34d631287f1b1cd
d90b4a49f265f02d9d593f,
KUMAR
pseudonym=3190AA6E1809E2BA43FFBEC416CA08028399
E44A,
serialNumber=61B9D129971D2EA4FD4455ED49EA436EA6
5E26164BEEED89153191C56E98CE21, cn=PAWAN KUMAR
Date: 2023.06.15 10:48:28 +05'30'
