Raza @ Murad vs The State Of Madhya Pradesh
2023 Latest Caselaw 16643 MP

                                   1

     IN THE HIGH COURT OF MADHYA PRADESH

                           AT GWALIOR
                            CRA-356-2023

 (RAZA @ MURAD Vs. STATE OF MADHYA PRADESH & ANR.)

DATED:- 09-10-2023

      Shri F.A. Shah- Advocate for the appellant.
      Shri Rajesh Kumar Shukla- Additional Advocate General for
the respondent/State.

Heard on I.A. No.13537/2023, 1st application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole appellant - Raza @ Murad.

This criminal appeal assails the judgment dated 05/08/2021 passed in S.T. No.68/2019 by Session Judge, Sheopur, District- Sheopur (M.P.), whereby the appellant has been convicted and sentenced as under:-

       Section              Sentence        Fine (Rs.)     Default
                                                         Stipulation
   5 read with 6 of     Life Imprisonment   10,000/-     1 Month RI
    POCSO Act
11 (iii) read with 12      3 Years RI        1000/-      1 Month RI
   of POCSO Act

As per prosecution story, it is alleged that prosecutrix had gone at the house of the appellant at about 8:00 AM on 24/05/2019 to deliver milk and appellant asked her to keep milk in the refrigerator. By that time, the appellant is alleged to have bolted the doors from inside, thrown her on the cot forcefully by holding her hand and asked her to strip her cloths. When she objected the same, he tried to

sodomize her. When she screamed, he turned her and tried to penetrate his finger in her private part. On raising alarm, brothers of the prosecutrix came at the door to rescue her. On such allegations, FIR bearing Crime No.212/2019 was registered at Police Station- Kotwali, District- Sheopur (M.P.) against the appellant for the offence punishable under Sections 354 and 376 of IPC and Section 3, 5 read with 6 and Section 7 read with 8 of POCSO Act. Investigation set in motion, completed and thereafter, charge-sheet was submitted. Learned Trial Court upon critical evaluation of the evidence placed on record, convicted and sentenced the present appellant for the offence as mentioned above.

Learned counsel for the appellant submits that appellant is innocent and has been falsely implicated in this case. Admittedly, prosecutrix is the daughter of the Councilor of the area. It is beyond imagination that prosecurtix will do the work of vendor to deliver milk to the houses of locality. That apart, as a matter of fact, there is rivalry between the appellant and father of the prosecutrix as discussed in para 26 of the impugned judgment. Even otherwise, as discussed in para 27 of the impugned judgment, learned Judge has also found that DNA profile of the appellant and that of prosecutrix did not match. Judgment impugned, as such, is based on surmises and conjectures and suffers from perversity of approach. Appellant, even otherwise, has already undergone incarceration four years and six months. Appellant is the permanent resident of District- Sheopur (M.P.). There are fair chances of success of this appeal. On these grounds, learned counsel for the appellant prays for extension of benefit of suspension of sentence and grant of bail to the appellant.

On the other hand, learned Additional Advocate General for the respondent/State opposes the application supporting the judgment impugned with submission that trial Court upon critical evaluation of evidence placed on record has rightly convicted and sentenced the appellant as aforesaid. More so, medical report does not bely the story of prosecution. Hence, no exception can be taken in the matter of suspension of sentence and grant of bail to the appellant.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions touching merits of the case, but regard being had to the fact that appellant has suffered incarceration of four years and six months coupled with the fact that appeal is of the year 2023 and there is no likelihood of early hearing of this appeal in the near future, in the obtaining facts and circumstances, the application deserves to be allowed.

Accordingly, we allow I.A. No.13537/2023 and it is directed that jail sentence of appellant- Raza @ Murad shall remain suspended during pendency of the present appeal and he be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs Only) with one solvent surety of the like amount to the satisfaction of trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the Registry of this Court first on 12/12/2023 and on other subsequent dates as may be fixed in this regard.

Accordingly, I.A. No.13537/2023 stands allowed and disposed of.

Observations on facts, if any, are only for the purpose of

deciding the instant IA and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

                        (ROHIT ARYA)                                                 (AVANINDRA KUMAR SINGH)
                           JUDGE                                                            JUDGE


     rahul
RAHUL SINGH
              Digitally signed by RAHUL SINGH PARIHAR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473

PARIHAR fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B5 5575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.10.10 11:31:52 +05'30'