Rahul vs The State Of Madhya Pradesh
2023 Latest Caselaw 7600 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 7944 of 2022
                                                (RAHUL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-05-2023
                                Shri L.N. Sakle - Advocate for the appellant.

                                Ms. Vasundhara Shukla - Panel Lawyer for the respondent/State.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima-facie, the appeal seems to be arguable. Hence, admitted for final hearing.

Also heard on I.A. No.17036/2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant, pending the appeal.

Appellant has been convicted for commission of offence under Sections 450 and 376 of IPC and has been sentenced to undergo R.I. for 5 years with fine of Rs.1,000/- and R.I. for 10 years with fine of Rs.1,000/- respectively with default stipulations vide judgment dated 24.08.2022 passed in Session Trial

No.91/2017 (State of M.P. Vs. Rahul) by learned I Additional Sessions Judge, Harda (MP).

Learned counsel for the appellant has submitted that learned trial court has not properly appreciated the evidence of prosecutrix and other prosecution witnesses on record and has erroneously convicted the appellant. It is also submitted that prosecutrix is major and she was consenting party as doctor did not found any injury over her person. As it is a matter of consensual sexual relationship, appellant has fair chances to succeed in the appeal. There is no Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 5/10/2023 10:23:20 AM

possibility of hearing of this appeal in near future. Therefore, it has been prayed that appellant/accused be released on bail by suspending jail sentence.

On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the appellant.

On perusal of the evidence of the prosecutrix (PW-3) who is deaf and dumb girl, it is apparent that she was violated by the appellant. Even in FSL report, human sperm has been found on the vaginal slide of the prosecutrix. Mere absence of any injury on a person is not a ground to infer that she was a consenting party.

Thus, having taking into consideration the evidence of the prosecutrix

(PW-3), her father Radheshyam (PW-2) and her mother Mangti Bai (PW-1) including the medical evidence and FSL report on record, I am of the view that no case for suspending the jail sentence of the appellant is made out.

Accordingly, I.A. No.17036/2022 is dismissed. List this appeal for final hearing in due course.

(DINESH KUMAR PALIWAL) JUDGE

@shish

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 5/10/2023 10:23:20 AM