Madhya Pradesh High Court
Ramkrishna vs The State Of Madhya Pradesh on 13 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 427 of 2017
(RAMKRISHNA Vs THE STATE OF MADHYA PRADESH)
Dated : 13-10-2023
Mr.Rajmani Bansal - Advocate for the appellant.
Mr. S.S.Kushwah - Public Prosecutor for respondent-State.
Heard on I.A. No.17807/2023, which is second repeat application under
Section 389(1) of Cr.P.C. moved on behalf of sole appellant Ramkishan. His
first and second applications (I.A.Nos.2706/2019 and 4967/2022) were
dismissed as withdrawn vide orders dt.19.07.2019 and 20.06.2022 and second
application (I.A.No.14983/2020) was dismissed as withdrawn vide order
dt.24.01.2022.
Appellant Ramkishan stands convicted under Section 366/34 of IPC and
sentenced to undergo 5 years R.I with a fine of Rs.500/- under Section 346 of
IPC and sentenced to undergo R.I. for one year with fine of Rs.500/-, under
Section 376D of IPC and sentenced to undergo R.I. for 20 years with fine of
Rs.10,000/- and under Section 343 of IPC and sentenced to undergo R.I. for
one year and Section 344 of IPC and sentenced to undergo R.I. for 01 year
with default stipulations vid e judgment of conviction and order of sentence
dated 14.12.2016 passed by the Special Judge (Atrocities), Guna District Guna
in Special Sessions Trial No.32/2015.
The appellant so far has undergone jail sentence of 8 years, eight months.
Prosecution story, as found, proved, is that on 16.11.2014 appellant
alongwith co-convict Mahesh came on a motor cycle to the house of
prosecutrix while she was alone and enticed her to village Khutiwad where they
kept her in a room located at an agricultural field and subjected her to rape.
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 10/13/2023
6:31:03 PM
Both of them kept her for four days during which period also they subjected her
to forcible sexual intercourse on various occasions. Thereafter, they took her
on their motorcycle to village Samraniya (Rajasthan) and left her at the house of
one Satish who kept her for about one and half months and ravished her on
various occasions. He also used to manhandled her under intoxication and one
day she managed to escape in a bus to Shivpuri, where she met a taxi driver
namely Rahish who took her to her home on the pretext of dropping her in a
bus on the next day but subject her to rape in the night. He also kept her for
four days, during which period he committed rape on her. on various
occasions. Thereafter, Rahish left her at a doctor's place namely Goverdhan
who also subjected her to rape at night. On the basis of aforesaid, an offence
was registered and the matter was investigated into. Upon completion of
investigation, challan was filed. The Sessions Court on appreciation of evidence
placed on record convicted and sentenced the present appellant.
Learned counsel for appellant while taking exception to the impugned
judgment inter alia supported the instant application primarily on the ground of
long jail incarceration as so far, the appellant has undergone actual jail sentence
for 8 years and 8 months. That apart, it is submitted that Sessions Court has
not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. It is also submitted that the
appeal being of 2017 is not likely to be decided in the near future. On these
grounds, learned counsel submits that the present appellant may also be
extended the benefit of suspension of sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the impugned judgment submits that no
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exception can be taken in the matter of suspension of sentence and grant of
Signed by: NEETU
SHASHANK
Signing time: 10/13/2023
6:31:03 PM
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon the rival contentions so advanced touching the merits of
the case, but regard being had to the fact that present appellant has undergone
long jail incarceration and the appeal is not likely to be decided in the near
future, we are of the view that present appellant is entitled to the benefit of
suspension of sentence and grant of bail.
Accordingly, the I.A. stands allowed and it is directed that the jail
sentence of appellant Ramkishan shall remain suspended during pendency of
the present appeal and he shall be released on bail subject to verification of the
factum of depositing the fine amount 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
14.12.2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant applications and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
neetu
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 10/13/2023
6:31:03 PM
