Rakesh Kumar Dhurve vs The State Of Madhya Pradesh
2024 Latest Caselaw 21023 MP

Madhya Pradesh High Court

Rakesh Kumar Dhurve vs The State Of Madhya Pradesh on 2 August, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                              1                             CRA-7187-2021
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 7187 of 2021

(RAKESH KUMAR DHURVE Vs THE STATE OF MADHYA PRADESH )

Dated : 02-08-2024 Shri Rambachan Sahu - Advocate for the appellant through V.C.

Shri Ajay Shukla - Government Advocate for the State of M.P.

Heard on I.A. No.06 of 2024 , which is second application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 30.10.2021 delivered in Special Case No.300094 of

2016 by Second Additional Sessions Judge/Special Judge, (Protection of Children from Sexual Offences Act, 2012), Seoni, District Seoni, M.P. First application was dismissed as withdrawn on 9.11.2022. The appellant has been convicted and sentenced under Section 366 of IPC to undergo R.I. for ten years with fine of Rs.5000/-, under Section 376 (2) (N) of IPC to undergo R.I. for Life with fine of Rs. 5000/- and under Section 4/6 of Protection of Children from Sexual Offences Act 2012 to undergo R.I for Life with fine of Rs.5000/- with default stipulation.

It is submitted that appellant is innocent. Relying on the evidence of PW-4, mother of the prosecutrix, it is submitted that mother of the prosecutrix has

admitted that prosecutrix is her eldest child. Marriage of this witness had taken place 22-23 years prior to the date of her deposition, i.e. on 24.9.2018. She has stated that after two years, birth of the prosecutrix had taken place. She has also admitted that date of birth of her child was mentioned in the school record by estimation. Relying on this evidence and opinion of Dr. Manish Sirsham (PW-9), who had opined for ossification test, it is submitted that the age of the

2 CRA-7187-2021 prosecutrix is doubtful and she is not a minor. Therefore, conviction with the aid of provisions contained in Protection of Children from Sexual Offences Act cannot be said to be just and correct. It is a matter of consensual marriage and the appellant is unnecessarily retained in the jail.

Learned Public Prosecutor opposes the prayer for suspension of remaining jail sentence and grant of bail on the basis of objection.

Considering the aforesaid and without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.06 of 2024 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed

that appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Seoni District Seoni on 20.12.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

                                (VIVEK AGARWAL)                               (AVANINDRA KUMAR SINGH)
                                     JUDGE                                             JUDGE


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