Madhya Pradesh High Court
Vikram @ Baba Yadav 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. 692 of 2023
(VIKRAM @ BABA YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 13-10-2023
Shri Sukhnandan Pandey - Advocate for appellant.
Shri Pramod Thakre - Public Prosecutor for respondent/State.
Heard on I.A. No.8709 of 2023:
2. This is the first application seeking for suspension of sentence and bail
filed on behalf of accused/appellant - Vikram @ Baba Yadav who has been
convicted under Section 363 of the IPC and sentenced to undergo R.I. for 5
years and to pay a fine of Rs.2,000/-, further convicted under Section 366 of
the IPC and sentenced to undergo R.I. for 7 years and to pay a fine of
Rs.3,000/- and further convicted under Section 3/4(2) of the Protection of
Children from Sexual Offences Act, 2012 and sentenced to undergo R.I. for 20
years and to pay fine of Rs.5,000/- with default stipulations. No separate
sentence is imposed in terms of Sections 376 and 376(3) of the IPC in the
impugned judgment dated 10.11.2022 passed by the Additional Sessions Judge,
Nowgaon, District Chhatarpur in Special Case No.08 of 2021.
3. The case of the prosecution is that the complainant lodged a report to the
effect that his daughter aged about 15 years 10 months is missing since
27.02.2021. On 14.03.2021, she was recovered and on the basis of her
statement, an FIR has been registered against the present appellant under
Sections 363, 366 and 376 of the IPC and Section 3/4(2) of the Protection of
Children from Sexual Offences Act, 2012. After completion of the investigation,
charge sheet was filed and trial was commenced. After conclusion of the trial,
vide impugned judgment of conviction and order of sentence dated 10.11.2022
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 10/17/2023
10:48:19 AM
passed by the learned Additional Sessions Judge, Nowgaon, District
Chhatarpur in Special Case No.08 of 2021, the appellant has been convicted
and sentenced as mentioned hereinabove.
4. Learned counsel for the appellant has contended that the victim was a
consenting party of the act. She has remained with the present appellant and
was recovered after a considerable period. She has not supported the case of
the prosecution in her statement recorded under Section 164 of the Cr.P.C. and
the statement recorded before the trial Court. She has categorically stated that
she has gone with the appellant out of her own free will. The appellant is in jail
since 15.03.2021. 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. On these grounds, prayer is made to
enlarge the accused on bail on the ground of parity.
5. Per contra, learned counsel appearing for the State has vehemently
opposed the contentions stating that the victim was minor at the time of
commission of offence, but he could not dispute the fact that the victim did not
narrate the incident to anyone initially and had kept mum for a considerable
period.
6. Considering the overall facts and circumstances of the case, we deem it
just and necessary to enlarge the appellant on bail. Consequently, I.A. No.8709
of 2023 filed by accused/appellant is allowed.
7. Subject to deposit of fine amount, the remaining jail sentence of the
appellant/accused - Vikram @ Baba Yadav 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
Signature Not Verified
amount to the satisfaction of the trial Court for his appearance before the trial
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 10/17/2023
10:48:19 AM
Court/concerned Court on 04.01.2024 and thereafter on such other subsequent
dates as may be fixed in that behalf.
(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
