Madhya Pradesh High Court
Neelesh Ahirwar vs The State Of Madhya Pradesh on 17 March, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6439 of 2022
(NEELESH AHIRWAR Vs THE STATE OF MADHYA PRADESH)
Dated : 17-03-2023
Shri Neeraj Dubey - Advocate for the appellant.
Shri S.K. Kashyap - Government Advocate for the respondent/State.
Heard on I.A No.17019 of 2022 for suspension of sentence and grant
of bail to appellant Neelesh Ahirwar aris ing out of judgment dated
20.05.2025 delivered in Special Case No.29/2021, by 18th Additional Sessions
Judge / Special Judge (POCSO) Act, Bhopal (M.P.).
The appellant has been convicted under Section 376(a)(b) of I.P.C. read
with Section 5(m)/6 of POCSO Act, 2012 and sentenced to undergo
imprisonment for life with fine of Rs.1,000/-, Section 376(2)(n) of I.P.C. read
with Section 5(l)/6 of POCSO Act, 2012 and sentenced to undergo
imprisonment for life with fine of Rs.1,000/- and Section 354(A)(1)(i) of I.P.C.
read with Section 11(i)/12 of POCSO Act, 2012 and sentenced to undergo
rigorous imprisonment for three years with fine of Rs.1,000/- with default
stipulations.
Learned counsel for appellant submits that as per prosecution story on
11.01.2020 the mother of victim lodged a report in Police Station - Bajariya,
Bhopal (M.P.) that her minor daughter/victim aged about 10 years was playing
outside her house and appellant came to her and shown his private part to the
victim by giving her an assurance of giving money.
Learned counsel for appellant submits that as per this prosecution story,
actually no sexual assault had taken place. However, after the statement of
victim is recorded in the Court below, the Court below enhanced the charges
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 3/17/2023
5:37:52 PM
and added section 376 of IPC on 09.05.2022. The order sheet of Court below
dated 02.03.2022 shows that only one witness remained to be examined. Once
charges are enhanced, the appellant should have been given opportunity to
cross-examine all the witnesses on the basis of enhanced charge.
Apart from this, the prosecutrix and her mother in their statement
recorded under Sections 161 and 164 did not narrate/depose anything about
actual sexual assault. Later on, the allegations were embellished when Court
statement was recorded. The victim categorically deposed on more than one
occasion during cross-examination that no incident had taken place with her in
2020. Indeed, incident had taken place in 2019. Apart from this, there is no
conclusive medical evidence showing sign of any sexual assault. Para 61 of
judgment shows that Dr. Pallavi Singh (PW-8) deposed that no evidence was
there about forcible sexual assault and definite opinion can be formed on the
basis of forensic examination. The FSL report does not support the case of
prosecution. The story is like a house of cards and the appellant is in custody
for no valid reason. The final hearing of this appeal will take time, thus
remaining jail sentence of this appellant may be suspended.
Shri S.K. Kashyap, learned Government counsel opposed the prayer on
the basis of objection and informed that objector has been served.
We have heard the parties on this aspect.
Considering the aforesaid factual backdrop, without expressing any
conclusive opinion on merits, we deem it proper to suspend the remaining jail
sentence of the appellant. Accordingly, I.A No.17019 of 2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant Neelesh Ahirwar is hereby suspended
Signature Not Verified
and it is directed that the appellant be released on bail on his furnishing a
Signed by: HIMANSHU
KOSHTA
Signing time: 3/17/2023
5:37:52 PM
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 Bhopal on 9th 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
HK
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 3/17/2023
5:37:52 PM
