Madhya Pradesh High Court
Lakki vs The State Of Madhya Pradesh on 11 October, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 9224 of 2022
(LAKKI Vs THE STATE OF MADHYA PRADESH)
Dated : 11-10-2023
Shri Vivek Singh - Advocate for the appellant.
Smt. Varsha Singh Thakur - GA for respondent/State.
Shri Anil Kumar Dawale - Advocate for the objector.
Heard on IA No.13578 of 2023, which is an application for urgent
hearing.
Since the matter is already taken up for hearing, therefore, IA No.13578
of 2023 is disposed of.
Also heard on IA No.15354 of 2023, which is an application for taking
documents on record.
Documents may be relevant for proper adjudication of the matter,
therefore, IA No.15354 of 2023 is allowed and the documents are taken on
record.
Also heard on IA No.13577 of 2023, which is the third application under
Section 389 of Cr.P.C. on behalf of the appellant-Lakki for grant of bail and
suspension of remaining jail sentence.
Appellant has been convicted for the offence under Section 366 and
376(1) of IPC and sentenced to 7 years R.I. with fine of Rs.1,000/- and 10
years R.I. with fine of Rs.3,000/-, respectively, with usual default stipulation.
Appellant's earlier two bail applications under Section 389 Cr.P.C. have been
dismissed as withdrawn.
Learned counsel for the appellant submits that the appellant is innocent
and he has been falsely implicated in this matter. Appellant was remained on bail
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 12-Oct-23
10:12:06 AM
during trial and he did not misuse the liberty given to him. Prosecutrix was not
examined before the trial Court. FSL report does not support the case of the
prosecution. The case of the prosecution is not based upon the direct evidence.
There is a strong case in favour of the appellant. Final conclusion of appeal will
take a long sufficient time. Appellant has already suffered jail incarceration for a
period of more than one year and two months. Appellant is a student of LLB
4th Semester and his examination is scheduled from 10th October, 2023 to 23rd
October, 2023 as per the time table issued by the Devi Ahilya Vishwavidyalaya,
Indore. Hence he prays for grant of bail and suspension of remaining jail
sentence of the appellant till the final disposal of the appeal. He has also placed
reliance upon the judgment of Hon'ble Apex Court in the case of George and
others Vs. State of Kerala and Another reported in (1998) 4 SCC 605.
Per contra, learned GA for the respondent/State opposes the application
for suspension of sentence and prays for its rejection.
Counsel for the objector also opposes the application for suspension of
sentence and prays for its rejection by submitting that due to the rape
committed by the appellant, prosecutrix has committed suicide, therefore, her
statement could not be recorded before the trial Court.
Heard learned counsel for the parties and perused the record.
From perusal of the judgment of the trial Court, it appears that although
prosecutrix could not be examined before the trial Court due to her death during
the trial, but her statement under Section 164 of Cr.P.C. can be considered in
evidence. PW-1 Santosh and PW-2 Alpana have also supported the case of the
prosecution.
In view of the evidence available on record, this Court is not inclined to
allow the application under Section 389 of Cr.P.C. Hence, IA No.13577 of
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 12-Oct-23
10:12:06 AM
2023 is dismissed.
Although appellant is a student and he wants to appear in the LLB 4th
Semester examination, therefore, jail authorities are directed to send the
appellant in police custody in the examination centre for giving exam as per the
time table filed by the appellant and after every examination he be again sent in
the jail.
C.C. as per rules.
(ANIL VERMA)
JUDGE
trilok
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 12-Oct-23
10:12:06 AM
