Rahul Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 16517 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 11085 of 2023
                                              (RAHUL RAJAK Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-10-2023
                                 Shri Rajmani Bansal- Advocate for appellant.

                                 Shri A. K. Nirankari- Public Prosecutor for the respondent/State.

I.A.No.16031/2023, 1st application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the sole appellant - Rahul Rajak.

This criminal appeal assails the judgment dated 7.02.2023 passed by the

Special Judge (POCSO Act), Guna, in Sessions Trial No.49/2021, whereby appellant has been convicted under Sections 363, 366, 376(3) of IPC and Section 5L/6 of POCSO Act and sentenced to suffer 2 years RI with fine of Rs.250/- , 3 years RI with fine of Rs.250/-, 20 years of RI with fine of Rs.500/- and 20 years of RI with fine of Rs.500 respectively with default stipulations.

Prosecution case, in brief, is that a missing report was lodged at Police Station Thana Cantt, District Guna with allegation that prosecutrix, who is resident of Patel Nagar District Guna is missing since 17.3.2021 at about 4 AM. During investigation, prosecutrix was recovered on 26.3.2021. Thereafter, her

statement under Sections 161 and 164 of Cr.P.C. were recorded. Thereafter, FIR was registered at Crime No. 305/21. Upon collection of incriminating material and recording of statement of the witness, the challan was filed. Case was committed to the Special Court for trial. The Special Court upon critical evaluation of evidence placed on record has convicted the appellant and sentenced as aforesaid.

I t is submitted by learned counsel for the appellant that appellant is Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 07-10-2023 11:40:27 AM

innocent and has been falsely implicated in the case. The Prosecutrix in her statement under Sections 161 and 164 Cr.P.C. has belied the story of prosecution and stated that she had gone with her own volition with the appellant. From paras 30 and 34 of the impugned judgment, it is reflected that prosecutrix and appellant allegedly solemnized the marriage and lived like husband and wife. Appellant has already suffered more than 1 years and 3 months jail incarceration. Appeal is of the year 2023. There is no likelihood of early hearing of the appeal. Hence prays for suspension of sentence.

Per contra, learned counsel for the State opposed the application with submission that the prosecutrix was minor at the time of incident. Her consent

was of no consequence. The Sessions Court upon evaluation of evidence has convicted the appellant as no exception may be taken thereto in the matter of suspension of sentence and prayed for its rejection.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case but regard being had to the fact that present appellant has already suffered about 1 years and 3 months of jail incarceration coupled with the fact that the appeal is of the year 2023 and there is no likelihood of early hearing of the appeal, in the obtaining facts and circumstances of the case, we are of the view that appellant - Rahul Rajak deserves to be and is accordingly extended benefit of suspension of jail sentence.

Accordingly, I.A. No.16031 of 2023, i s hereby allowed and it is directed that the jail sentence of the appellant shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial Court and also subject to deposit of the fine amount (if Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 07-10-2023 11:40:27 AM

not already deposited). The appellant is directed to mark his appearance before the Registry of this Court first on 11/12/2023 and thereafter, on other subsequent dates as may be fixed by the Registry of this Court in this behalf.

Observations on facts, if any, are only for the purpose of deciding the instant I.As. and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

                              (ROHIT ARYA)                                 (AVANINDRA KUMAR SINGH)
                                 JUDGE                                              JUDGE

                           Rohit




Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 07-10-2023
11:40:27 AM