Ram @ Amit vs The State Of Madhya Pradesh
2023 Latest Caselaw 7647 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 4130 of 2021
                                              (RAM @ AMIT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-05-2023
                                Mr. Anand Nayak - 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.1955/2022, application under Section 389(1) of

Cr.P.C. for suspension of sentence and grant of bail to appellant Ram @ Amit arising out of judgment dated 02.03.2021 delivered in Special Case No.6794/2019 by the Special Judge (Protection of Children from Sexual Offences Act, 2012) Chhindwara, District-Chhindwara (M.P.).

T he appellant has been convicted under Section 366-A of the Indian Penal Code and sentenced to undergo R.I. for seven years with fine of Rs.5000/-, under Section 376-3 of the Indian Penal Code and sentenced to undergo R.I. for twenty years with fine of Rs.10,000/-, under Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to

undergo R.I. for twenty years with fine of Rs.10,000/- with default stipulations.

Learned counsel for the appellant submits that the appellant is in jail since 03.12.2019. He draws the attention of this Court to the statement of Dr. Shamim Rehman (P.W-3), who has not found any injury in the MLC report of the prosecutrix and has not given any definite opinion regarding sexual intercourse. F.S.L report of the prosecutrix is also negative and the age of the prosecutrix has wrongly been determined. She was major at the time of the incident and the conduct of the prosecutrix was unnatural as she left her home since past two Signature Not Verified Signed by: JULIE SINGH Signing time: 5/11/2023 6:19:36 PM

months and did not make any complaint to anyone. 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 deposition of the witnesses. We have also gone through the examination-in-chief and cross-examination of the prosecutrix especially paragraph nos.5 and 7 and looking to the statements of the mother of the prosecutrix Asha (P.W-2) in paragraph no.6 and Dr. Shamim Rehman (P.W-3) and without expressing any conclusive opinion on the merits of the

case, we deem it proper to suspend the remaining jail sentence of appellant Ram @ Amit. Accordingly, I.A No. 1955 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Ram @ Amit 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-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.

Certified copy as per rules.

                              (SUJOY PAUL)                                (AVANINDRA KUMAR SINGH)
                                 JUDGE                                             JUDGE

                          julie




Signature Not Verified
Signed by: JULIE SINGH
Signing time: 5/11/2023
6:19:36 PM