Vikram vs The State Of Madhya Pradesh
2023 Latest Caselaw 7658 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 2920 of 2022
                                          (VIKRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-05-2023
                                Shri Padmnabh Saxena - Advocate for appellant.

                                Shri    Bhuwan      Deshmukh      -   Government      Advocate    for   the
                          respondent/State.

Heard on I.A.No.6406/2023, which is second application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on

behalf of the appellant Vikram.

Appellant stands convicted vide judgment dated 18/02/2022 passed in Sessions Trial No.155/2019 by V Additional Sessions Judge, Ratlam, District Ratlam (M.P.) under Sections 376(d), 376(2)(n) and 506 of Indian Penal Code, 1860 and has been sentenced to undergo 20 years RI with fine of Rs.50,000/-, 10 years RI with fine of Rs.5,000/- and 02 years RI with fine of Rs.1,000/- respectively with usual default stipulation. His earlier bail application was dismissed as withdrawn vide order dated 22/11/2022.

The prosecution story in brief is that the present appellant has abducted

the prosecutrix, took her to Gujarat and from where prosecutrix rescued herself and came back to her home. Thereafter, she lodged the report.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. Its a case of consent. Prosecutrix was major at the time of incident and she lived with the appellant for seven months and during this period she never raised any alarm or made complaint to the neighbors. There is no missing person report. Co-accused has already been granted the benefit of suspension of sentence. It is further Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 5/11/2023 11:33:30 AM

submitted that during the trial prosecutrix entered into a compromise with the appellant. No evidence of forceful sexual assault was found on the body of prosecutrix. This appeal is of the year 2022 and is not going to came up for final hearing in near future. There is no allegation of gang rape. Appellant has wrongly been convicted under Section 376(d) of IPC. There are material contradictions and omissions in the statement of the witnesses and there is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant Vikram be suspended till the final disposal of this appeal.

P e r contra, learned counsel for the respondent / State opposes the

application for suspension of sentence and prays for its rejection by submitting that the trial Court after due appreciation of the evidence has convicted the appellant, hence, his application for suspension of sentence is liable to be rejected.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that prosecutrix is a major lady and she lived with the appellant for almost seven months and during this period he never raised any alarm or made any complaint; suspension of sentence has already been granted to the co-accused and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.6406/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 5/11/2023 11:33:30 AM

Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 29/11/2023 and on all such subsequent dates, which are fixed in this behalf.

Certified copy as per rules.

                             (VIVEK RUSIA)                                                  (ANIL VERMA)
                                 JUDGE                                                         JUDGE
                          Tej




Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 5/11/2023
11:33:30 AM