Govind vs The State Of Madhya Pradesh
2023 Latest Caselaw 15053 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 7245 of 2022
                                                (GOVIND Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-09-2023
                                Shri Akhilesh Kumar Saxena, learned counsel for the appellant.

                                Shri Bhuwan Gautam,learned Govt. Advocate for the respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A. No.10374/2023, which is first application filed under

Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant - Govind S/o Anopsingh Meena.

2. Appellant has been convicted vide judgement of conviction and order of sentence dated 08.03.2022 passed by the learned Special Judge(POCSO Act) and IVth Additional Sessions Judge, Shajapur(M.P.) in S.T. No.109/20 by which the appellant is convicted under Sections 363 of IPC and sentenced to 3 years RI with fine of Rs.1,000/-; under Section 366 of IPC sentenced to 5 years RI with fine of Rs.2,000/- and under Section 5(L)/6 of POCSO Act, sentenced to 20 years RI with fine of Rs.7,000/- with default stipulation.

3. The prosecution story found to be proved is that on 23.06.2020 at about 11.30 p.m. in the night, the prosecutrix without informing her parents went alognwith the appellant. Thereafter, they got married. On the basis of the aforesaid, the appellant has been convicted.

4. Learned counsel for the appellant submitted that he has been falsely implicated in the case. He submitted that the prosecutrix in her evidence has clearly stated that both of them are married and on the date on which the incident took place, the prosecutrix was aged about 16 years and 2 months and, Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 9/13/2023 4:16:21 PM

therefore, the case is covered by Exception II to Section 375 of IPC. The prosecutrix and her father and mother have not supported the prosecution case. The prosecutrix in her statement has specifically stated that she on her own will had gone alongwith the appellant on the date of the alleged incident i.e. at about 11.30 in the night. Appeal is of the year 2022 and, therefore, final hearing of this appeal is not possible in near future. Hence, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

5. On the other hand, learned Government Advocate for the respondent/State has supported the impugned judgment and opposed the application. Moreso, appellant has not put in a considerable period of custody.

Hence, no case for grant of suspension of sentence is made out.

6. We have heard learned counsel for both the parties and perused the record.

7. Taking into consideration the Exception II to Section 375 of IPC which provides that sexual intercourse or sexual acts by a man with his own wife, the wife not being under 15 years of age, is not rape. Admittedly, in this case, the prosecutrix appears to be aged about 16 years and 2 months at the time of incident, without commenting on the merits of the case, we are of the opinion that the jail sentence of appellant is liable to be suspended.

8. Accordingly, I.A.No.10374/2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant - Govind S/o Anopsingh Meena. shall remain suspended, till final disposal of

Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 9/13/2023 4:16:21 PM

this appeal. The appellant after being enlarged on bail shall mark his presence before the trial Court on 22/12/2023 and thereafter on all such subsequent dates, as may be fixed in this behalf.

9. IA No. 10374/2023 stands disposed off.

10. List the case for final hearing as per its turn. Certified copy as per rules.

                               (S. A. DHARMADHIKARI)                                     (PRANAY VERMA)
                                        JUDGE                                                JUDGE




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Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 9/13/2023
4:16:21 PM