Madhya Pradesh High Court
Kamruddin vs The State Of Madhya Pradesh on 15 June, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7291 of 2022
(KAMRUDDIN Vs THE STATE OF MADHYA PRADESH)
Dated : 15-06-2023
Shri D.R. Sharma, learned counsel for the appellant.
Ms. Anjali Gyanani, learned Public Prosecutor for the respondent-State.
Heard on IA. No. 3911 of 2023, which is the first application under
Section 389 (1) of Cr.P.C. seeking suspension of sentence and grant of bail
moved on behalf of the appellant.
Appellant stood convicted under Section 366 of IPC and sentenced to
undergo 05 years' RI with fine of Rs.5000/-, Section 376(3) of IPC and
sentenced to undergo 20 years' RI with fine of Rs.20,000/- and under Section
5(J)(ii)/6 of POCSO Act and sentenced to undergo Life Imprisonment with a
fine of Rs.10,000/- with default stipulations respectively vide judgment of
conviction and order of sentence dated 04th July, 2022 passed by IInd
Additional Sessions Judge and Special Judge (POCSO) Act, Ganjbasoda,
District-Vidisha in Special Sessions Case No.67/2018.
Prosecution case in brief is to the effect that appellant alongwith three
other accused persons namely Akeel Kha, Ansar Kha and Anish Chote @ Ballu
were alleged to have manipulated the prosecutrix who was 15 years of age
approx on the date of incident i.e. 26-08-2018 as her DOB was 13-06-2003 and
she was subjected to sexual abuse by each one of them. On complaint FIR
was lodged and enquiry was started. Prosecutrix was medically examined vide
Ex.P-38. Upon completion of investigation, Challan was filed. The case was
committed to the Sessions Court. The Sessions Court upon critical evaluation
of the evidence placed before it, acquitted other accused persons namely Akeel
Kha, Ansar Kha and Anish Chote @ Ballu and convicted and sentenced the
present appellant Kamruddin as referred above primarily for the reason that in
the DNA profile prosecutrix was found pregnant and DNA sample of her
aborted fetus matched with that of blood sample of present appellant.
Shri D.R. Sharma, learned counsel for the appellant while taking
exception to the impugned order submits that it is a case of consent. Though
prosecutrix supported the story of the prosecution in her statements recorded
under Section 161 and 164 Cr.P.C. but she has turned hostile in her ocular
evidence during trial. The MLC report of the prosecutrix Ex.P-38 does not
suggest that prosecutrix was pregnant as has been suggested in her DNA
report. Besides, parents of the prosecutrix PW-2 and PW-3 have also turned
hostile. However, conviction is based only on the DNA report. Even otherwise,
appellant has suffered 04 years and 08 months incarceration approx. Hence,
prayer is made for suspension of sentence and grant of bail on behalf of the
appellant.
Per contra, learned Public Prosecutor for the respondent-State while
supporting the impugned order opposes the application for suspension of
sentence.
Upon hearing learned counsel for the parties but without commenting
upon the rival contentions so advanced touching merits of the case and in the
obtaining facts and circumstances of the case, we deem it a fit case to extend
the benefit of suspension of sentence and grant of bail to the present appellant.
Accordingly, it is directed that the jail sentence of present appellant shall remain
suspended during pendency of present appeal and he shall 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
first on 03-08-2023 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 disposal of
the instant application for suspension of sentence and shall have no bearing on
the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
vc
VARSHA
CHATURVEDI
2023.06.15
14:29:57 +05'30'
