Pradeep Solanki vs The State Of Madhya Pradesh
2023 Latest Caselaw 9134 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 1420 of 2023
                                           (PRADEEP SOLANKI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-06-2023
                                Shri Rajmani Bansal, learned counsel for the appellant.

                                Shri Nitin Goyal, learned Panel Lawyer for the respondent- State.

Heard o n IA No. 6930 of 2023 which is the second application under Section 389(1) of CrPC filed on behalf of appellant Pradeep Solanki for suspension of jail sentence and grant of bail. First suspension application was dismissed as withdrawn vide order dated 16-03-2023.

Vid e judgment dated 7th January, 2023 passed by Special Judge (POSCO Act), Guna in Special Case No. SC/08/2022, the present appellant has been convicted under Sections 354(A) IPC, 75 of Juvenile Justice (Protection of Children from Sexual Offences) Act, 7/8, 9/10, 11(i)(iii)/12 of POCSO Act and sentenced to undergo two years RI with fine of Rs.250/-, two years RI with fine of Rs. 1 lac, five years RI with Rs. 250/-, six years RI with fine of Rs.250/- and two years RI with fine of Rs.250/- with default stipulations.All the sentences have been directed to run concurrently.

Prosecution case in short, is that on 23-12-2021, at around 10:00 am,

prosecutrix aged around 17 years 7 months lodged a dehati nalishi against appellant, who was the teacher of Government Middle Higher Secondary School, Guna in Biology Department alleging therein that one month back, while she was playing in the playground during recess time, appellant instructed her not to play, concentrate herself and told her to go for studying as her examination is going to be held very soon. Upon hearing from appellant, the prosecutrix went to study in Lab of Biology where the appellant came there, Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/19/2023 6:23:17 PM

told her that you are of 18 years of age and thereafter, started molesting her. When she objected to it and told him to complain to the Principal, thereafter by pushing her he fled away. Due to fear, prosecutrix did not disclose anything to anybody. On 20-12-2021 at about 04:30 pm, prosecutrix complained to Hostel Warden namely Neetu Soni about the incident alleging that appellant used to see to her obscene video and used to touch her body and chest. Besides this, he used to molest another girl. On the basis of aforesaid dehati nalishi, crime no.1076 of 2021 was registered. After completion of investigation and other formalities, charge sheet was filed before the competent court from where case was committed to the Special Court for its trial. After conclusion of trial, the

Special Judge convicted and sentenced the appellant as mentioned above.

I t is submitted by learned counsel for appellant that the appellant has been falsely implicated. PW3, PW5 and PW6 have turned hostile and they did not support prosecution case. Prosecutrix has also not supported the prosecution case. Only on the basis of evidence of Hostel Warden Neetu Soni, present appellant has been found guilty of aforesaid offences. The learned trial Court has committed an error in passing impugned judgment of conviction and sentence. The appellant remained in custody for a period of 380 days during trial and from the date of passing of impugned judgment, he is in custody. This appeal is of year 2023 which is likely to take some time for its disposal. Hence, prayed for suspension of jail sentence and grant of bail.

Learned counsel for the State opposed the suspension application and prayed for it rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/19/2023 6:23:17 PM

amount of fine has been deposited, on appellant furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for appearance before the Principal Registrar of this Court on 22nd December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/19/2023 6:23:17 PM