Madhya Pradesh High Court
Sourabh Verma Mehara vs The State Of Madhya Pradesh on 16 June, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11450 of 2022
(SOURABH VERMA MEHARA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 16-06-2023
Mr. Ishteyaq Husain- Advocate for the appellant.
Mr. Yogesh Dhande - Government Advocate for the respondent/State.
Parties are heard on I.A. No. 23282/2022 an application under Sections
389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail
to appellant-Sourabh Verma Mehara arising out of judgment dated
10.11.2022 delivered in S.T. No.01/2020 by II Additional Sessions Judge and
Special Judge (POCSO Act) Sohagpur, Distt. Narmadapuram.
T h e appellant has been convicted under Section 363 of IPC and
sentenced to undergo R.I. for 3 years with fine of Rs.1000/-, Section 366 of
IPC and sentenced to undergo R.I. for 5 years with fine of Rs. 1,000/- and
Section 5(L) read with Section 6 of the POCSO Act and sentenced to undergo
R.I. for 20 years with fine of Rs. 3,000/- with default stipulations.
Learned counsel for the appellant relying upon Rishipal Singh Solanki
Vs. State of UP, 2022(8) SCC 602 has submitted that trial Court has
erroneously held the prosecutrix as minor. Learned counsel has also referred to
the statement of prosecutrix and submits that it is a case of consensus and that
father of prosecutrix has not supported the prosecution case. Thus, remaining
jail sentence of appellant may be suspended and he be released on bail.
Learned counsel for the State while vehemently opposing the prayer of
appellant has submitted that learned Court below had rightly determined the age
of prosecutrix and she was minor at the time of incident. Therefore, Court
below had rightly convicted the appellant. Hence, he prays for dismissal of the
bail application.
In Ex. P/8 (High School Certificate, 2017), date of birth of prosecutrix is
mentioned as 21.09.2002 and incident had taken place on 02.11.2019.
Therefore, prosecutrix appears to be more than 17 years old at the time of
incident. Therefore, taking into consideration this fact along with evidence of
prosecutrix and her father, we deem it proper to suspend the remaining jail
sentence of the appellant. Accordingly, I.A No. 23282/2022 is allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of the appellant- Sourabh Verma Mehara 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 concerning trial court
Narmadapuram on 22.08.2023 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
L.R.
Digitally signed by
LALIT SINGH RANA
Date: 2023.06.16
17:09:39 +05'30'
