Madhya Pradesh High Court
Tulsidas @Kakka Yadav vs The State Of Madhya Pradesh on 2 May, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 36 of 2023
(TULSIDAS @KAKKA YADAV Vs THE STATE OF MADHYA PRADESH)
Dated : 02-05-2023
Shri Brijesh Kumar Mishra - Advocate for the appellant.
Shri Vinay Sharma - Panel Lawyer for the respondent/State.
Heard on admission.
Appeal is admitted for hearing.
Heard on I.A No. 6718 of 2023, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant Tulsidas
@ Kakka aris ing out of judgment dated 31/10/2022 delivered in S.T.
No.56/2018 by the Second Additional Sessions Judge, Anuppur, District
Anuppur.
This appellant has been convicted under Section 354(a) of I.P.C. and
sentenced to undergo R.I. for 3 years with fine of Rs.1,000/-, under Section
354(c) of I.P.C. and sentenced to undergo R.I. for 4 years with fine of
Rs.1,000/-, under Section 454(d) of I.P.C. and sentenced to undergo R.I. for 3
years with fine of Rs.1,000/-, under Section 450 of IPC and sentenced to
undergo R.I. for 10 years with fine of Rs.5,000/-, under Section 376 of IPC and
sentenced to undergo R.I. for 10 years with fine of Rs.5,000/-, under Section
506-Para 2 of IPC and sentenced to undergo R.I. for 1 year with fine of
Rs.500/- and under Section 66(e) of I.T. and sentenced to undergo R.I. for 3
years with fine of Rs.1,000/- with default stipulation.
Learned counsel for the appellant submitted that appellant/applicant is
innocent and has been falsely implicated in the crime in question. The trial Court
has not properly appreciated the oral and documentary evidence available on
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 5/3/2023
11:07:39 AM
record. Final disposal of instant appeal would take considerable time. Hence,
prayer has been made to suspend the jail sentence of the appellant/applicant.
Learned counsel for the appellant further submitted that the case of
prosecution was based on circulation of obscene video involving the
complainant but no such video was seized or displayed in the trial Court.
Further, learned trial Court did not appreciate the cross-examination of the
complainant and her husband properly. It would have revealed that complainant
consented to sexual advancement of the accused and when her husband came
to know about relationship between the complainant and the accused through
CCTV, false prosecution was lodged against the accused. None of the
prosecution witness has supported circulation or witnessing the video involving
the complainant.
Per contra, learned counsel for the respondent/State supported the
judgment of the trial Court and opposed the prayer for suspension of sentence.
Heard learned counsel for the parties.
Considering the aforesaid factual backdrop and without expressing any
conclusive opinion on merits, the Court is inclined to suspend the remaining jail
sentence of the appellant Tulsidas @ Kakka. Accordingly, I.A No. 6718 of
2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant Tulsidas @ Kakka 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.1,00,000/- (Rupees One Lac 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, Anuppur on 12 th July,
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 5/3/2023
11:07:39 AM
2023 and also on such other dates as may be fixed by the trial Court in this
regard during the pendency of this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
AT
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 5/3/2023
11:07:39 AM
