Sachin Prajapati vs The State Of Madhya Pradesh
2024 Latest Caselaw 21294 MP

Madhya Pradesh High Court

Sachin Prajapati vs The State Of Madhya Pradesh on 6 August, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                              1                                CRA-204-2021
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 204 of 2021
                                      (SACHIN PRAJAPATI Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 06-08-2024
                                 Shri Sanjay Pandey, learned counsel for the appellant.
                                 Shri Manas Mani Verma, learned Public Prosecutor for the
                           respondent/State.

Heard on the question of admission.

This appeal is admitted for final hearing.

Also heard on I.A. No.504/2021, an application for suspension of sentence and grant of bail to appellant-Sachin Prajapati.

This appeal is filed being aggrieved of the judgment dated 13.03.2020 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act), Bhopal, Distt. Bhopal in Special Case (ATR) No.45/2018 whereby appellant is convicted for the offence punishable under Section 366-A of the IPC and sentenced to undergo RI for four years along with fine of Rs.1,000/- and also under Section 376(3) of IPC and sentenced to undergo imprisonment for life with fine of Rs.1,000/- with default stipulation of six months and three

months RI respectively.

It is submitted by learned counsel for the appellant that the age of the prosecutrix is not proved. Her school entry register (Ex.P/16) has not been proved by the Headmaster who had issued it but has been proved by Mohan Sarwan, SDOP, Hoshangabad (PW.5).

Father of prosecutrix (PW-3) has admitted that he had not admitted

2 CRA-204-2021 his daughter in the school. She was admitted in the school by her Naana- Naani. However, Naana-Naani have not been examined to point out that as to on what basis they had recorded date of birth of the prosecutrix. Mother of prosecutrix (PW-4) has also admitted that she is not knowing the date of birth of the prosecutrix and she was admitted by her maternal uncle in the school. Prosecution has neither examined the Headmaster of the school nor maternal grant parents or maternal uncle of the prosecutrix to prove her date of birth. There are two documents produced by the prosecution which are contradictory to each-other. On Ex.P/16, date of birth is mentioned as 25th February, 2003 whereas on Ex.P/17, date of birth is mentioned as 20/03/2003. Thus, it is submitted that prosecution could not prove that prosecutrix was minor. Then it is submitted that prosecutrix herself admitted

that she was gone with the appellant on her own and she was brought that to Bhopal by the appellant himself. It is pointed out that it is a case of consent. Since prosecution is failed to prove that prosecutrix is minor, in a matter of consent, conviction could not be sustained, therefore, prayer is made to suspend the sentence of appellant.

Shri Manas Mani Verma, learned Public Prosecutor, vehemently opposes the prayer for suspension of sentence.

Taking all these facts into consideration and without commenting on merits, I.A. No.540/2021 is allowed.

It is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only), with two solvent sureties in the like amount

3 CRA-204-2021 to the satisfaction of the Trial Court for his appearance before the Trial Court on 20.12.2024 and such other dates as may be fixed by the Trial Court, the execution of remaining part of the jail sentence imposed upon the present appellant shall remain suspended and he shall be released on bail till final disposal of this appeal.

List this appeal for final hearing in Part-B of the cause list as per its turn and seniority.

Certified copy as per rules.

                                 (VIVEK AGARWAL)                            (AVANINDRA KUMAR SINGH)
                                      JUDGE                                          JUDGE


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