Madhya Pradesh High Court
Ravindra vs The State Of Madhya Pradesh on 4 October, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4134 of 2023
(RAVINDRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 04-10-2023
Shri Ashish Gupta, learned counsel for the appellant.
Shri K. K. Tiwari learned Govt. Advocate for the respondent/State.
Heard on I.A. No.10361/2023, which is 1st application filed under
Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail
moved on behalf of appellant - Ravindra S/o Banshilal Thakur.
2. Appellant has been convicted vide judgement of conviction and order
of sentence dated 02.03.2023 passed by the Special Judge District - Barwani in
Case No. S.C. No. 116/2021 as mentioned below:
CONVICTION SENTENCE
Imprisonment Fine Default Stipulation
Section 5L r/W 6 Life Rs.1000/- Additional R.I. For
of Protection of Imprisonment(imprisonment 01 month
Children from for rest of the natural life)
Sexual Offences
Act,2012
Section 5n r/W 6
of Protection of Life
Additional R.I. For
Children from Imprisonment(imprisonment Rs.1000/
01 month
Sexual Offences for rest of the natural life)
Act,2012
3. The prosecution story found to be proved is that prosecutrix has
lodged a report on 22.09.2021 to the effect that she is the sister-in-law of the
appellant. Since July, 2017 she was living with her sister, appellant(jeeja) and his
brother at Barwani. Her sister used to work as Technician at Mahamrityunjay
Hospital, Barwani. In the absence of her sister, appellant cajoled the
prosecutrix and on the false pretext of marrying her committed rape upon her
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/5/2023
6:12:57 PM
and whenever they were alone at home, he used to commit rape with the
prosecutrix. In the year 2018, they were getting marry, but prosecutrix's father
intervened and stopped them from getting married. Appellant kept on
threatening the prosecutrix and her sister and continued to have physical
relations with her till lodging of FIR. Appellant got a job in Khandwa and he
went there. In April, 2021, appellant came back to Barwani for some exams and
again committed rape upon her. Thereafter, it came to the knowledge of
prosecutrix that appellant has left her sister and solemnized marriage with some
other lady. Accordingly, report was lodged.
4 . Learned counsel for the appellant submits that he has not
committed any offence and has falsely been implicated in the case. It is a case
of consent. Prosecutrix is a major girl. During this long period, neither the
prosecutrix informed anyone at any point of time about the acts committed by
the appellant against her will nor lodged any report about the incident. The
appellant last committed the offence in April, 2021 whereas report was lodged
in September, 2021 i.e. after a gap of 05 months for which no plausible
explanation has been put forth. The FSL report also does not support the case
of the prosecution. Since the appeal is of the year 2023, final hearing is not
possible in near future therefore, it is prayed that the remaining jail sentence of
the appellant may be suspended and he may be released on bail.
5. On the other hand, learned Government Advocate for the
respondent/State has supported the judgment and opposed the prayer for
suspension of sentence.
6. We have heard learned counsel for both the parties and perused the
record.
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/5/2023
6:12:57 PM
7. Considering all the facts and circumstances of the case coupled with
the fact that final hearing of the appeal will take long time in near future, without
commenting on the merits of the case, we are of the opinion that the jail
sentence of appellant is liable to be suspended.
8. Accordingly, I.A.No.10361/2023 is allowed and it is directed that
subject to deposit of fine amount, if not already deposited, and on furnishing
personal bond in the sum of Rs.50,000/- (Rupees Fifty 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.
9. The appellant after being enlarged on bail shall mark his presence
before the trial Court on 22/12/2023 and thereafter on all such subsequent
dates, as may be fixed in this behalf.
List the case for final hearing as per its turn.
Certified copy as per rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
sh
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/5/2023
6:12:57 PM
