Krishna vs The State Of Madhya Pradesh
2023 Latest Caselaw 9085 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 2908 of 2023
                                                (KRISHNA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-06-2023
                                Shri Mohan Lal Patidar - Advocate for appellant.

                                Shri Ajay Raj Gupta - Panel Lawyer for the respondent/State.

Record of the trial Court has been received. Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A.No.2827/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant Krishna.

Appellant stands convicted vide judgment dated 15/02/2023 passed in S.C.No.22/2019 by Special Judge (POCSO), Dharampuri, District Dhar (M.P.) under Sections 344, 363, 366-A of Indian Penal Code, 1860 and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 and has been sentenced to undergo 01 year RI with fine of Rs.500/-, 05 years RI with fine of Rs.1,000/-, 05 years RI with fine of Rs.1,000/- and 10 years RI with fine of Rs.3,000/-

respectively with usual default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. Prosecutrix was major at the time of incident. Appellant is suffering jail incarceration since 15/02/2023 i.e. from the date of judgment. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 6/19/2023 7:07:13 PM

take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting there is sufficient evidence available on record against the present appellant in respect of the aforesaid offence. Prosecutrix was minor at the time of incident, therefore, her consent is immaterial. Appellant did not deserve for grant of benefit of suspension of sentence.

Considering all the facts and circumstances of the case, nature of the

allegation levelled against the appellant and also taking note of the fact that as per the Scholar Register (Exhibit-P/7) the date of birth of the prosecutrix is 01/01/2003, therefore, at the time of incident prosecutrix was minor. Prosecutrix (PW-1) categorically deposed in her statement that present appellant abducted and took her with him to Vapi (Gujarat) and repeatedly committed rape upon her. Her statement is well supported by the statement of her father (PW-2) and mother (PW-3), Kishan (PW-5), Rajaram (PW-6) and all other witnesses. FIR has been lodged promptly.

Therefore, in view of the prima facie evidence available on record against the present appellant, at this stage, this Court is not inclined to allow the application for suspension of sentence. Accordingly, IA.No.2827/2023 stands dismissed.

Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 6/19/2023 7:07:13 PM

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 6/19/2023 7:07:13 PM