Madhya Pradesh High Court
Mahesh Kumar Sen vs The State Of Madhya Pradesh on 26 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10525 of 2023
(MAHESH KUMAR SEN Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 26-10-2023
Shri Gurdeep Singh Wadhwa - Advocate for appellant.
Shri G.S. Thakur - Public Prosecutor for respondent No.1/State.
Shri Jagat Singh - Advocate for respondent No.2.
Heard on I.A. No.19778 of 2023.
2. This is the first application seeking for suspension of sentence and bail
filed on behalf of appellant/accused - Mahesh Kumar Sen who has been
convicted under Sections 376(2)(n) of the Indian Penal Code and sentenced to
R.I. for 10 years and to pay fine of Rs.2,000/- and further convicted under
Section 6 of POCSO Act and sentenced to undergo R.I. for 20 years and to
pay fine of Rs.2,000/- and further convicted under Section 3(1) (w)(i) and 3(2)
(v) of SC/ST Act and sentenced to undergo 3 years R.I. and life imprisonment
and to pay fine of Rs.500/- and Rs.2,000/- respectively with default stipulations
vide impugned judgment of conviction and order of sentence dated 10.07.2023
passed by the learned Special Judge, Sagar in Special Case No.101 of 2021.
3. The case of the prosecution is that on 05.07.2019 appellant abducted the
victim who is a minor girl on false pretext of marriage and thereafter he forcibly
committed sexual intercourse with the victim. On the basis of the complaint, the
police lodged the report and the aforesaid offences came to be registered
against the present appellant. After investigation charge sheet was filed against
the appellant. After trial, he was convicted and sentenced as mentioned
hereinabove.
4. This application has been filed on the ground that the victim as well as the
Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 10/30/2023
12:53:19 PM
appellant were known to each other. Appellant and prosecutrix got married and
out of the wedlock a child is born. The victim has gone to Nasik and remained
with the present appellant in a rented premises for a period of about 1 year and
6 months without raising any hue and cry and there was no complaints made to
anyone. The appellant has remained in custody for about 7 months. He is ready
to abide by all the terms and conditions that may be imposed by this Court
while considering the application for suspension of sentence and grant of bail.
5. State counsel has vehemently opposed the contentions stating that the
victim was minor at the time of commission of offence and the consent of
minor is of no value but he could not dispute the fact that victim has resided
with the present appellant for 1 year and 6 months without raising any objection.
6. Considering the overall facts and circumstances of the case but without
commenting upon the merits, we deem it just and necessary to enlarge the
appellant on bail. Consequently, I.A. No.19778 of 2023 is allowed.
7. Subject to deposit of the fine amounts, the remaining jail sentence of the
appellant/accused - Mahesh Kumar Sen shall remain suspended and he is
directed to be enlarged on bail on 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 18.01.2024 and thereafter on such other subsequent
dates as may be fixed in that behalf.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
Loretta
Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 10/30/2023
12:53:19 PM
