Madhya Pradesh High Court
Roshan vs The State Of Madhya Pradesh on 8 May, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4670 of 2023
(ROSHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 08-05-2023
Shri Deepak Sahu- Advocate for the appellant.
Shri Manoj Kushwaha- Panel Lawyer for the respondent/State.
Heard on admission.
Appeal is admitted for hearing.
Heard on I.A.No.7378/2023, which is an application for condonation of
delay.
It is stated in the application that the appellant was sent in incarceration
and his family suffered huge financial crisis and were on the verge of starvation
therefore they could not contact any counsel for the purpose of preparation of
criminal appeal. Moreover, the appellant and his family members are not well
acquainted with legal procedure and the limitation period. Hence, such delay
occurred in filing the present appeal.
Considering the reasons mentioned in the aforesaid application.
I.A.No.7378/2023 is allowed and the delay of 364 days is condoned.
Heard on I.A No.7307/2023 which is an application under Section
389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant
arising out of judgment dated 31.01.2022 delivered in S.C.No.3704/2019 by the
Special Judge, POCSO Act, District Chhindwara.
The appellant has been tried and convicted for the offences under
Sections 354-A and 354-B of IPC, 3(2)(va), 3(1)(w)(i) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act and 7/8 of Protection of
Children from Sexual Offences Act and sentenced to suffer R.I. for three years
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 5/11/2023
4:09:55 PM
and fine of Rs.1000/- under section 354-B of IPC read with section 3(2) (va) of
SC/ST Act, and sentenced to suffer R.I. for two years and fine of Rs.1000/-
under section 3(1(w)(i) and sentenced to suffer R.I. for three years and fine of
Rs.1000/-, with default stipulation. All the sentences have been directed to run
concurrently.
Learned counsel for the appellant submits that the appellant was
falsely implicated due to property dispute. The learned trial Court erred in
holding that the victim was aged 16 years 6 months and 10 days on the date
of the incident. The prosecution had failed to prove the date of birth of the
victim. Further, there was no intention to commit the offence for the reason
the victim was a member of scheduled castes community. Therefore, no
offence under the provision of Scheduled Castes and Scheduled Tribes
({Prevention of Atrocities) Act and Protection of Children from Sexual
Offences Act, 2012 was proved against the appellant. The learned trial
Court has committed error in convicting the appellant and sentencing him
for imprisonment of three years.
Learned counsel for the appellant further submits that the learned
trial Court has not properly appreciated the oral and documentary evidence
available on record. Final disposal of instant appeal would take
considerable time. The appellant was in judicial custody from 21.10.2020
to 21.06.2021 during trial and from the date of judgment i.e. 31.01.2022 till
date. Hence, prayer has been made to suspend the jail sentence of the
appellant and release him on bail.
Learned Panel Lawyer opposed the prayer for suspension of sentence.
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 5/11/2023
4:09:55 PM
Considering the aforesaid factual backdrop and without expressing any
conclusive opinion on merits, this Court deems it proper to suspend the
remaining jail sentence of t h e appellant-Roshan. Accordingly, I.A No.
7307/2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant is hereby suspended and it is directed that
the appellant shall be released on bail upon his furnishing a personal bond for a
sum of Rs.50,000/- (Rupees Fifty 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, Chhindwara on 12th July, 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
rk.
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 5/11/2023
4:09:55 PM
