Rajesh vs The State Of Madhya Pradesh
2024 Latest Caselaw 20781 MP

Madhya Pradesh High Court

Rajesh vs The State Of Madhya Pradesh on 1 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1                               CRA-7845-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                       CRA No. 7845 of 2024
                                                 (RAJESH Vs THE STATE OF MADHYA PRADESH )



                           Dated : 01-08-2024
                                 Shri Anshu Gupta, learned counsel for the appellant.

                                 Shri Dinesh Savita - P.P. appearing on behalf of Advocate General.
                                 Ms. Jyoti Rawat, learned counsel for the Respondent [COMP].

Heard on the question of admission.

This appeal appears to be arguable, hence, it is admitted for final hearing.

Also heard on I.A.No. 13524 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant - Rajesh.

This Criminal Appeal under Section 374 of Cr.P.C., 1973 assails the judgment dated 03.07.2024 passed in S.C.No.48/2023 by Second Additional Sessions Judge and Special Judge (POCSO), Ganjbasoda, District Vidisha (M.P.) whereby, appellant stood convicted and sentenced under Sections 342 and 354 of IPC and Section 7/8 of POCSO Act to undergo maximum rigorous imprisonment of Three years with maximum fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant argued that appellant has wrongly been convicted by the learned trial Court ignoring the fact that there is material omissions and contradictions in the statements of the prosecution witnesses. The entire prosecution story is highly improbable in the light of the fact that alleged incident stated to have taken place on 02/10/2023 and even after having knowledge of the incident to the parents of the prosecutrix, report has not been lodged on the very same date, however, the FIR has been lodged on very next date on 03/10/2023 in the night and no plausible explanation has been put forth by the prosecution in regard to delay in lodging FIR. The appellant was on bail during trial and he did not misuse the liberty of bail granted to him. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Per contra, learned counsel for respondent/State opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the record.

Considering the facts and circumstances of the case, but without expressing any

2 CRA-7845-2024 opinion on the merits of the case I.A. No. 13524 of 2024 is allowed and the sentence of appellant shall remain suspended subject to payment of fine amount as imposed by the trial court and on furnishing personal bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant shall appear before the Office of this Court on 09.12.2024 and other dates as may be fixed by this Office in this regard from time to time till final disposal of the instant appeal.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

Durgekar