Saddam @ Sajju vs The State Of Madhya Pradesh
2023 Latest Caselaw 4035 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                    CRA No. 7817 of 2022
                                     (SADDAM @ SAJJU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 14-03-2023
                               Shri Rishiraj Trivedi - Advocate for the appellant.

                               Shri K. K. Tiwari - Govt. Advocate for the respondents/State.

None present for the prosecutrix despite service of notice.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard o n I.A. No.12086/2022, which is first application for suspension of sentence and grant of bail filed under section 389 of the Cr.P.C filed on behalf of the Appellant - Saddam @ Sajju.

The Trial Court has convicted the appellant under Section 376(2)(N) of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.500/- and under Section 3(2)(v) of SC/ST Act and sentenced to undergo Life Imprisonment with fine of Rs.500/- with default stipulation, vide judgment of conviction and order of sentence dated 23.08.2022 passed by Special Judge, POCSO Act, Barwani (M.P.) in S.C.A.T.R.No.08/2020.

As per prosecution case, the appellant is a neighbour of the prosecutrix. They knew each other from prior to the incident. The prosecutrix loved with the appellant. On 22.01.2020, the appellant took the prosecutrix from village Anjad to Barwani and thereafter, Gujarat by bus. The appellant kept her in a rented house and committed rape with her repeatedly. On 27.01.2020, the appellant and the prosecutrix were returning from Gujarat, at that time, the police had recovered the prosecutrix from the possession of the appellant.

Learned counsel for the appellant submits that the prosecutrix is aged Signature Not Verified Signed by: SHRUTI JHA Signing time: 15-03-

2023 10:37:04

more than 18 years. She was a consenting party to go with the appellant. She had not raised any alarm during the journey. She also had not complained anyone while she was residing with him. Therefore, the appellant cannot be convicted for the offence. The appellant was in custody since 28.01.2020- 18.08.2020 and he is also in custody since the date of judgement i.e., 23.08.2022. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that the remaining jail sentence may be suspended and the appellant may be released on bail.

Learned Govt. Advocate for the respondent/State opposes the prayer of appellant and submits that the prosecutrix has supported the case of

prosecution in her deposition. Her statement is also supported by DNA report. Therefore, application for suspension of sentence and grant of bail is liable to be rejected.

We have heard learned counsel for both the parties and perused the record.

Considering the statement of prosecutrix (PW-1), coupled with the fact that final hearing of this appeal is not possible in near future, we are inclined to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.12086/2022 is allowed.

I t is directed that subject to depositing the fine amount, if already not deposited, Appellant - Saddam @ Sajju shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 17.04.2023, and on such other dates, as may be fixed by the Registry in this regard, till final

Signature Not Verified Signed by: SHRUTI JHA Signing time: 15-03-

2023 10:37:04

disposal of this appeal.

C.C. as per rules.

                            (S. A. DHARMADHIKARI)          (PRAKASH CHANDRA GUPTA)
                                     JUDGE                          JUDGE

                         Shruti




Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 15-03-
2023 10:37:04