Madhya Pradesh High Court
Rajneesh @ Kallu Chourasiya vs The State Of Madhya Pradesh on 10 May, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5176 of 2022
(RAJNEESH @ KALLU CHOURASIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 10-05-2023
Shri Kuldeep Singh - Advocate for the appellant.
Shri Akhilendra Singh - Government Advocate for the respondent/State.
Heard on I.A No.21199 of 2022, an application under Section 389(1)
of the Cr.P.C for suspension of sentence and grant of bail to appellant
Rajneesh @ Kallu Chourasiya arising out of judgment dated 28/05/2022
delivered in Special Case No.32/2019 by learned Special Judge (POCSO Act),
Rewa.
The appellant has been convicted under Section 376(2)(n) of the I.P.C.
and sentenced to undergo R.I. for 11 years with fine of Rs.500/-, Section
376(3) of IPC and sentenced to undergo R.I. for 21 years with fine of Rs.500/-,
Section 363 of IPC and sentenced to undergo R.I. for 7 years with fine of
Rs.500/- and Section 366-A of IPC and sentenced to undergo R.I. for 10 years
with fine of Rs.500/-, with default stipulation.
Learned counsel for the appellant submits that as per prosecution story,
the victim was a minor and appellant forcibly sexually assaulted her on more
than one occasion. Learned counsel for the appellant submits that before the
Court below two dates of birth of victim were produced by the prosecution viz.
15/03/2004 and 05/11/2004. The Principal (PW-6) produced the Admission
Register before the Court below. During cross-examination, he candidly
admitted that on the name of particular relevant student and on various relevant
entries there are over-writing and use of whitener, which makes determination of
age on the basis of Scholar Register as highly doubtful. By taking this Court to
Signature Not Verified
Signed by: MANJU
Signing time:
5/11/2023 12:53:45 PM
the statement of Investigating Officer (PW-12), it is submitted that this Officer
clearly admitted that prosecutrix in her case diary statement did not inform him
about any commission of rape, indeed, the statement shows that she willingly
went with the appellant. On the contrary, she mounted pressure on appellant to
take her with him otherwise she will die. The appellant himself is a young boy
aged about 22 years. The final hearing of this appeal is not possible in near
future. Thus, remaining jail sentence of appellant may be suspended.
Learned Government Advocate opposed the prayer on the basis of
objection.
We have heard the parties at length and perused the record.
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. Accordingly, I.A No. 21199 of 2022 is
allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant Rajneesh @ Kallu Chourasiya 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,
Rewa on 13 th 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
Signature Not Verified
Signed by: MANJU
Signing time:
5/11/2023 12:53:45 PM
manju
Signature Not Verified
Signed by: MANJU
Signing time:
5/11/2023 12:53:45 PM
