Rajesh Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 4177 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 12307 of 2022
                   (RAJESH GUPTA Vs THE STATE OF MADHYA PRADESH)

Dated : 16-03-2023
      Shri Santosh Kumar Singh - Advocate for the appellant.

  Shri Arvind Singh â€" Government Advocate for the respondents/State.

Heard on I.A.No.24544 of 2022, which is the first application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellant- Rajesh Gupta.

The appellant has filed this Criminal Appeal being aggrieved by the judgment of conviction and sentence dated 15.12.2022 passed by Special Judge, “Protection of Children from Sexual Offences Act, 2012â€, Sidhi, District Sidhi (M.P.) in Special Case No.ST/136/2021, whereby the appellant has been convicted under Section 376-D of IPC and sentenced to undergo R.I. for 20 years with fine of Rs.5,000/- with default stipulations.

Learned counsel for the appellant has submitted that as per the impugned judgment, the learned trial court has determined the age of prosecutrix on the date of incident was more than 18 years, therefore, on the date of alleged

incident, i.e. 02.10.2021, prosecutrix was major. On the basis of written complaint, dated 10-01-2022 (Ex.P/1), FIR (Ex.P/2) was registered on 03.10.2021, which is delayed by 20 hours 47 minutes and the delay in lodging the FIR is not properly explained. It is also submitted that the facts of enmity between the family of the appellants and prosecutrix is established in the statement of witnesses and due to enmity, false case has been concocted against the present appellant. There is no allegation against the present appellant for sexual harassment with the prosecutrix. As per medical evidence, there is no

external and internal injury on the body of the prosecutrix and Dr.Prerna Tripathi (PW-5) has stated in her examination that there is no vaginal injury on the private parts of the prosecutix and she has found only swelling on the cheek of the prosecutrix, except that she has not seen any injury on the body of the prosecurtix.

Learned counsel for the appellant also submits that in written complaint Ex.P/1 and FIR Ex.P/2, it was not mentioned that she was dragged to the agricultural land and prosecutrix has improved her statement before the trial Court. There is no external injury on the body of the prosecutrix as per medical report and therefore, statement of prosecutrix could not be believed. Learned

counsel for the appellant submits that as per prosecution story, no sperm cells was found in the vaginal slide and underwear of the prosecutrix and submits that due to the enmity, false case was lodged.

Learned counsel for the appellant submits that the appellant was on bail during the trial and he did not misuse the liberty granted to him and submits that this is an Appeal of 2022, and there is no possibility of early hearing of this appeal in near future, hence prays for suspension of remaining jail sentence and grant of bail to appellant.

Per contra, learned counsel for the respondent/State opposed the prayer and submits that trial Court has passed the judgment after proper appreciation of evidence that came on record and has rightly held the appellant guilty hence, prays for rejection of application for suspension of sentence and grant of bail.

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

Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail

sentence of the appellant. Accordingly, I.A. No. 24544/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant-Rajesh Gupta 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 Trial Court, Sidhi on 8th May, 2023 and also on such other dates as may be fixed by the Trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

         (SUJOY PAUL)                                 (AMAR NATH (KESHARWANI))
            JUDGE                                              JUDGE

   sm
Digitally signed by SARSWATI
MEHRA
Date: 2023.03.17 19:13:16
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