Pawan vs The State Of Madhya Pradesh
2023 Latest Caselaw 7563 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 1883 of 2023
                                                (PAWAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-05-2023
                                 Shri Vishal V.R. Daniel - Advocate for the appellant.

                                 Shri S.K. Kashyap - Government Advocate for the respondent/ State.

Shri Aman Rai - Advocate for the objector.

Heard on I.A No. 2701 of 2023, which is first application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to

appellant- Pawan arising out of judgment dated 11.01.2023 delivered in S.C. No. 146 of 2020 by the learned Special Judge (POCSO), Seoni, District Seoni.

The appellant has been convicted under Sections 376, 376(2)(k), 3876(2)

(n) of the IPC and Section 5L read with Section 6 of the P.O.C.S.O. Act and sentenced to undergo 20 years' R.I. and fine of Rs.3,000/- along with default stipulation.

Learned counsel for the appellant submits that as per the prosecution story, the prosecutrix was missing from 9.7.2020. The F.I.R. was lodged on 13.07.2020. She was recovered on 14.07.2020. She was subjected to medical

examination on 25.07.2020. Her samples for D.N.A. examination were also taken on 25.07.2020. The medical report is inconclusive regarding sexual assault on the prosecutrix.

Shri Daniel placed reliance on the case diary statement of the prosecutrix as well as her statement recorded under Section 164 of Cr.P.C. wherein she categorically submitted that she left the house on her own volition because she was not happy with the behaviour of her parents. During intervening period she stayed with her uncle. She did not depose anything in these two statements Signature Not Verified Signed by: VIKRAM SINGH Signing time: 5/10/2023 12:44:12 PM

against the appellant. She took U-turn when her statement in the Court was recorded. However, she could not give any explanation while admitting her statement Ex. D-1 and Ex. P-2 recorded under Section 161 and 164 of Cr.P.C. respectively.

Dr. Sanchita Uikey (P.W.6) entered the witness box and apprised the Court that Dr. Swati Uikey was posted in Community Health Center, Kanhiwada. On 25.07.2020 she examined the prosecutrix since Dr. Swati Uikey was on maternity leave. On the basis of documentary evidence, the doctor Incharge namely Dr. Sachita Uikey deposed this statement. This doctor candidly stated that when the prosecutrix was brought for medical examination,

she had already taken bath and changed her clothes.

Learned counsel for the appellant submits that during these eleven days, the victim must have taken bath on more than one occasions and must have changed clothes on various occasions, thus D.N.A. report based on sample collected on 25.07.2020 is highly doubtful.

The prosecutrix, in last paragraph of her cross-examination, clearly stated that she is now 18 years of age and intends to live with the appellant. Learned counsel for the appellant further submits that the appellant and the prosecutrix have decided to solemnize their marriage soon after the release of the appellant on suspension of his sentence. Final hearing of the appeal is not possible in near future. Thus, remaining sentence of the appellant be suspended.

Shri Kashyap, learned Government Advocate, opposed the application on the basis of reply.

Shri Aman Rai, learned counsel for the objector, has no objection if sentence of the appellant is suspended.

Signature Not Verified Considering the aforesaid factual backdrop and without expressing any Signed by: VIKRAM SINGH Signing time: 5/10/2023 12:44:12 PM

conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 2701 of 2023, is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant- Pawan 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.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, Seoni on 12 t h of 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

                          Vikram




Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 5/10/2023
12:44:12 PM