Iliyas @ Dadu vs The State Of Madhya Pradesh
2023 Latest Caselaw 4472 MP

                                                                 1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         CRA No. 6867 of 2022
                                                (ILIYAS @ DADU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 21-03-2023
                                Shri Narunaditya Singh - Advocate for the appellant.

                                Shri Yogesh Dhande - Government Advocate for the respondent/State.

I.A. No.14981 of 2022 is an application filed by the sole accused seeking for suspension of sentence and grant of bail.

Appellant - Iliyas @ Dadu has been convicted for the offence punishable

under Section 5/6 of the Prevention of Children from Sexual Offences Act, 2012 and sentenced to undergo rigorous imprisonment for 20 years and fine of Rs.5,000/- and further convicted under Section 3(1)(w)(i) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo rigorous imprisonment for 3 years with fine of Rs.1,000/- with default stipulations, as mentioned in the impugned judgment.

The case of the prosecution is that the prosecutrix lodged a complaint on 31.12.2020 to the effect that the appellant had performed sexual intercourse with her on numerous occasions on false pretext of marriage. As a result

whereof, she conceived a child and when she asked the appellant to marry her, he refused. After investigation, a charge-sheet was made before the concerned court. On trial, the appellant was convicted and sentenced as mentioned hereinabove.

The plea of the appellant herein is that the entire act, as complained of by the prosecutrix, cannot be accepted. That there is no offence made out against the appellant. Inasmuch as all the offences have been committed with consent of the prosecutrix.

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 3/24/2023 10:13:40 AM

On considering the contentions, we do not find any ground to enlarge the appellant on bail. The trial court has recorded a finding to the effect that the prosecutrix was a minor as on the date of the incident. Therefore, the contention of the appellant that the consent has been obtained is of no consequence when the victim is a minor. However, the said contention would have to be considered at the stage of final hearing. For the present, we do not find any ground to enlarge the appellant on bail.

Consequentially, I.A.No.14981 of 2022 for suspension of sentence and grant of bail is dismissed.

I.A.No.1654 of 2023 to be considered at the stage of final hearing.

                               (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                 CHIEF JUSTICE                                           JUDGE

                          PG




Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 3/24/2023
10:13:40 AM