Puppu Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 7557 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 2678 of 2021
              (PUPPU PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 09-05-2023
      Mr. Mukesh Mishra - Advocate for appellant.

      Mr. Arvind Singh - Government Advocate for the respondent/State.

Learned Government Advocate for the State informed that victim has already been served.

Heard on I.A.No.1175/2023, second application under Section 389(1)

of Cr.P.C. for suspension of sentence and grant of bail to appellant Pappu Patel arising out of judgment dated 06.03.2021 delivered in Special Case No.74/2018 by the Special Judge (Protection of Children from Sexual Offences Act, 2012) Damoh, District-Damoh (M.P.). His first application was dismissed as withdrawn on 01.08.2022 This appellant has been convicted under Sections 363 of the Indian Penal Code and also under Section 5(tha)/6 of the Protection of Children from Sexual Offences Act, 2012. He has been further convicted under Section 366-A of the Indian Penal Code and sentenced to undergo R.I. for seven years with fine of

Rs.500/- and under Section 376(3) of the Indian Penal Code and sentenced to undergo R.I. for twenty years with fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that during trial the appellant was on bail and after conviction he has been taken into custody. He further submits that the prosecutrix left her home and went along with the appellant on her own volition and sweet will. Evidence of the prosecutrix creates serious doubt about the prosecution case. He draws the attention of this Court to paragraph nos.49, 54, 55 and 58 of the order of the Calcutta High Court passed

in C.R.A. No.458 of 2018 (Ranjit Rajbanshi Vs. The State of West Bengal and others).

Learned counsel for the appellant has also argued that the trial Court has not appreciated the evidence of the school teacher and the age of the prosecutrix has been wrongly determined as 15 years and 9 months. He has also referred to the statement of Dr. Sunita (P.W-3), who is the lady doctor and as per her report, the prosecutrix did not sustain any injuries on her body and no definite opinion has been given about the commission of the offence of sexual intercourse. Final hearing of this appeal will take time. Thus, remaining jail sentence of this appellant may be suspended.

Learned Government Advocate has vehemently opposed the prayer on the basis of objection.

Heard the learned counsel for the parties and perused the record. We have gone through the statement of the prosecutrix (P.W-6) and her statement recorded under Section 164 (Exhibit-P/9) of the Code of Criminal Procedure which does not support the prosecution case. Considering the aforesaid factual backdrop and without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant Jagdish Banwasi. Accordingly, I.A No. 1175 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Pappu is hereby suspended and it is directed that this 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, District-Damoh 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.

Certified copy as per rules.

             (SUJOY PAUL)                             (AVANINDRA KUMAR SINGH)
                JUDGE                                          JUDGE

         julie

Digitally signed by JULIE
SINGH
Date: 2023.05.10 17:35:22
+05'30'