Sonu @ Mohan Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 3459 MP

Madhya Pradesh High Court

Sonu @ Mohan Singh vs The State Of Madhya Pradesh on 6 February, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 13177 of 2023
                                           (SONU @ MOHAN SINGH Vs THE STATE OF MADHYA PRADESH)

                            Dated : 06-02-2024

                                  Shri Govind Pal Singh Songara, learned counsel for the appellant.

                                  Shri V.S.Panwar, learned Panel Lawyer for the respondent/State.

None for the prosecutrix, though served.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A. No.15809/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant - Sonu @ Mohan Singh.

2. Learned trial Court has convicted the appellant under Sections 363, 366, 376(2)(n) of IPC and under Section 4(1), 5(1)/6 of the Protection of Children from Sexual Offences Act and sentenced to undergo ten years' RI with fine of Rs.5,000/- with default stipulations, vide judgment of conviction and order of sentence dated 5.10.2023 passed by the IV Additional Sessions Judge

and Special Judge (POCSO Act), Shajapur in Special S.T. No.23/2022.

3. Prosecution story, in brief, is that at the time of incident prosecutrix was aged around 16 years and 7 months. Prior to the incident the prosecutrix and the appellant were known to each other. On 10.5.2022 at around 3.00 AM the appellant came at the house of the prosecutrix and he had given false pretext to marry her. Thereafter, the prosecutrix left her home and went to Bhopal alongwith the appellant. Both of them stayed there for one night and the appellant committed rape upon her. Thereafter, both of them went to

Uttarakhand.

4. Learned counsel for the appellant submits that appellant has not committed any offence and he has falsely been implicated in the case. There are material contradictions and omissions in the findings recorded by the trial Court. The trial Court has wrongly convicted and sentenced the appellant. It is also submitted that the prosecutrix has completely turned hostile before the trial Court and has not supported the case of prosecution. There is no eye-witness in the case. The trial Court has wrongly relied only upon the DNA report. The appellant is in custody since 5.10.2023. Final disposal of this appeal will take sufficient long time, therefore, it is prayed that the remaining jail sentence of the

appellant may be suspended and he be released on bail.

5. Learned counsel for the respondent/State has opposed the prayer and prayed for its rejection.

6. Considering the facts and circumstances of the case coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, I.A.No.15809/2023 is allowed and jail sentence of the appellant shall remain suspended.

7. It is directed that subject to depositing the fine amount, if already not deposited, appellant - Sonu @ Mohan Singh shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 29.04.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

Certified copy, as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

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