Madhya Pradesh High Court
Dhoom Singh vs The State Of Madhya Pradesh on 13 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3233 of 2023
(DHOOM SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 13-10-2023
Mr. Manish Datt - Senior Advocate with Mr. Amit Dubey - Advocate for
appellant.
Mr. Pramod Thakre - Public Prosecutor for respondent No.1/State.
Ms. Papiya Das - Advocate for respondent No.2/victim.
Heard on I.A. No.5067 of 2023:
2. This is the first application seeking for suspension of sentence and bail
filed on behalf of accused/appellant - Dhoom Singh who has been convicted
under Sections 376D and 506 Part-II of the IPC and sentenced to undergo R.I.
for 20 years and 7 years and to pay a fine of Rs.2,000/- and Rs.1,000/-
respectively with default stipulations. No separate sentence is imposed in terms
of Section 16 read with Section 17 of the Protection of Children from Sexual
Offences Act, 2012 in the judgment dated 23.02.2023 passed by the II
Additional Sessions Judge, Nasrullaganj, District Sehore in Special S.T. No.29
of 2020.
3. The case of the prosecution is that on 19.01.2020 at about 12:00 PM when
the prosecutrix (PW-2), aged about 16 years was alone in her house, co-
accused Vijay entered in her house and committed forcible sexual intercourse
with her. The appellant was standing in front of her house. Thereafter, the
appellant threatened her not to disclose the incident to anyone.
4. This application has been filed on the ground that there is no allegation of
committing rape upon the present appellant. If the statement of the prosecutrix
(PW-2) is taken note of it is apparently clear that the appellant was standing
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 10/17/2023
10:48:19 AM
outside her house. No specific overt act has been attributed to the present
appellant. The appellant is in jail since 23.02.2023. He was on bail during trial
and has not misused the liberty granted to him. He is ready to furnish adequate
surety and shall abide by the conditions which may be imposed by the court
while considering his application for suspension of sentence.
5. Per contra, learned counsel appearing for the State as well as the learned
counsel for the respondent No.2 have vehemently opposed the contentions
stating that the victim was minor at the time of commission of offence. The
allegation against the appellant is that he was standing outside the house and
was guarding the same. When the other co-accused came out of the house after
committing rape, they threatened the prosecutrix (PW-2) to face dire
consequences. It can be said that he was aware of the intention of the co-
accused. Therefore, he is also liable for committing the offence of gang rape. In
view of the aforesaid, they have prayed for dismissal of the application.
6. Considering the overall facts and circumstances of the case and the fact
that there is no specific overt act of rape attributed to the present appellant, we
deem it just and necessary to enlarge the appellant on bail. Consequently, I.A.
No.5067 of 2023 filed by accused/appellant is allowed.
7. Subject to deposit of fine amount, the remaining jail sentence of the
appellant/accused - Dhoom Singh shall remain suspended and he is directed to
be enlarged on bail on he furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one solvent surety of the like amount to the
satisfaction of the trial Court for his appearance before the trial
Court/concerned Court on 04.01.2024 and thereafter on such other subsequent
dates as may be fixed in that behalf.
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 10/17/2023
10:48:19 AM
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
taj
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 10/17/2023
10:48:19 AM
