Madhya Pradesh High Court
Pramod Chaturvedi vs The State Of Madhya Pradesh on 7 August, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-12956-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12956 of 2023
(PRAMOD CHATURVEDI Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 07-08-2024
Shri Rajesh Kumar Patel - Advocate for the appellant.
Shri Arvind Singh - Government Advocate for the State.
Heard on I.A. No. 444/2024 , an application under Section 389 (1) of
Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant
Pramod Chaturvedi S/o Balmiki Chaturvedi.
This appeal is filed being aggrieved of the judgment dated 28/08/2023
passed by Special Judge, POCSO, Nai Garhi, District Rewa (M.P.) in
Sessions Case No.4/2023 whereby the appellant has been convicted for
offences punishable under Section 5(m)/6 of POCSO Act and sentenced to
undergo imprisonment for life with fine Rs.10,000/- and Section 5(n)/6 of
POCSO Act and sentenced to undergo imprisonment for life with fine
Rs.10,000/- with default stipulations, which shall mean imprisonment for the
remainder of natural life of accused person.
It is submitted that the appellant is innocent. All the prosecution
witnesses are hostile. The appellant is a close relative of the prosecutrix. It
is submitted that there is a delay in lodging of an F.I.R.
Reading from Ex. P-6, it is submitted that Doctor PW-1 opined that no
definite opinion can be given about commission of rape. No injury was
visible, so also no tear or blood or swelling was visible and version was
given by mother of the survivor. The incident last occurred on 16/10/2022.
2 CRA-12956-2023
It is submitted that an F.I.R. Ex. P-1 was recorded on 3/12/2022. It is
submitted that it is a family dispute which has resulted in lodging of false
report.
It is further submitted that PW-7 has admitted that there were no injury
marks, be it external or internal or on the private parts of the appellant.
There were several lacunas in taking blood sample of the accused as is
admitted by PW-6 Dr. Rekha Singhal. D.N.A. report Ex. P-21 shows that Y-
Chromosome STR DNA Profile obtained from the bloomer of the
prosecutrix Ex. B match with the Y-Chromosome STR DNA Profile
obtained from the blood sample of the accused.
However, it is submitted that bloomer was seized vide Ex. P-34 on
4/12/2022. As per the statements of the prosecutrix and also that of the
Investigation Officer, the incident admittedly took place for the last time on
16/10/2022. Therefore, seizure of bloomer vide Ex. P-34 could not be
proved by Head Constable Chhatarpal Singh properly. He admitted that no
seizure was made from the mother of the prosecutrix. He has admitted that
he had carried out all the proceedings in the police station. Thus, when
seizure of bloomer on which Y-Chromosomal DNA Profile is found to be
doubtful, then benefit of doubt should have been gone in favour of the
appellant.
It is submitted that the appellant is a real uncle. Since seizure is
doubtful, it is a good case for suspension of sentence on behalf of appellant.
It is further submitted that the appeal is going to take time for its
conclusion. The appellant is a youth. His life would be jeopardized.
3 CRA-12956-2023
Taking these facts into consideration, without commenting on the
merits of the case, I.A. No. 444/2024 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
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.
I.A. No.444/2024 is allowed & disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
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