Madhya Pradesh High Court
Rahul Sahu vs The State Of Madhya Pradesh on 10 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12012 of 2023
(RAHUL SAHU Vs THE STATE OF MADHYA PRADESH)
Dated : 10-10-2023
Shri Vijay Dutt Sharma - Advocate for the appellant.
Ms. Anjali Gyanani - Public Prosecutor for the respondent-State.
Heard on IA No.17387 of 2023, first application under Section 389(1)
Cr. P.C. filed o n behalf of the appellant seeking suspension of sentence and
grant of bail.
Appellant stands convicted under Sections 450 of IPC and sentenced to
undergo 02 years' RI with fine of Rs.1000/-, Section 342 of IPC and sentenced
to undergo 06 months' RI with fine of Rs.500/- and Section 3/4 of POCSO Act
and sentenced to undergo 20 years' RI with fine of Rs.5000/- with default
stipulations respectively vide judgment of conviction and order of sentence
dated 12-09-2023 passed by Special Judge (POCSO Act) District -
Ashoknagar in Special Case No.44/2021.
Appellant so far has undergone 05 months and 12 days incarceration
including the period suffered during trial.
The prosecution story as found proved by the trial Court is that on 11-
04-2021, a complaint was made at Police Station Dehat by the complainant/
prosecutrix to the effect that on 10-04-2021, she went to the house of her uncle
(Tau Ji) for living there. On 11-04-2021 at about 03:00 in the night, when she
went on the roof for toilet, her neighbour Rahul Sahu (present appellant) came
there and caught hold of her hand, pressed her mouth, took her in the room and
committed rape over her forcibly. After sometime, her uncle and mother of
appellant came there and prosecutrix has narrated the incident to them. On the
basis of aforesaid, FIR was registered and statements of prosecutrix and her
family members were recorded. Vaginal slide, undergarments of prosecutrix,
one bed-sheet and blood sample of the appellant were seized and sent for DNA
examination to the forensic laboratory, Bhopal. On completion of investigation,
challan was filed and the case was committed to the Sessions Court for trial.
The Sessions Court upon critical evaluation of the evidence placed on record
convicted and sentenced the appellant as aforesaid.
Learned counsel for the appellant while taking exception to the impugned
judgment has made submissions that appellant has been falsely implicated in
the case. In her statement recorded under Section 164 of Cr.P.C. before the
Magistrate as well as in her ocular evidence during trial prosecutrix has belied
the story of prosecution. Besides, mother, father and uncle (Tau) of the
prosecutrix have turned hostile during trial and they have denied occurrence of
such incident. The trial Court did not appreciate the evidence in correct
perspective and convicted error in convicting the appellant. Under such
circumstances, prayer is made for suspension of sentence and grant of bail to
the appellant.
Per contra, learned counsel for the respondent-State opposed the
application while supporting the impugned judgment with the submission that in
the teeth of the fact that prosecutrix was minor at the time of incident and DNA
test was found positive vide Ex.P-21, therefore, 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 in the
obtaining facts and circumstances of the case and the fact that appeal is of the
year 2023 and there is no likelihood of early hearing of this appeal in near future,
we are of the view that appellant deserves to be and is accordingly extended the
benefit of suspension of sentence and grant of bail.
Accordingly, it is directed that the jail sentence of present appellant shall
remain suspended and he shall be released on bail, subject to verification of
amount of fine being deposited and on his furnishing a personal bond in the
sum of Rs.1,50,000/- (Rupees One Lac and Fifty Thousand only) with one
solvent surety in the like amount to the satisfaction of the Trial Court. Appellant
is directed to appear before the Registry of this Court first on 06-12-2023 and
on other subsequent dates as may be fixed by Office in this behalf.
Accordingly, aforesaid I.A. stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of disposal of the
application for suspension of sentence and shall have no hearing on the merits
of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
vc
VARSHA CHATURVEDI
2023.10.11 12:27:51
+05'30'
