Monu Kol @ Guddu Kol vs The State Of Madhya Pradesh
2024 Latest Caselaw 3469 MP

Madhya Pradesh High Court

Monu Kol @ Guddu Kol vs The State Of Madhya Pradesh on 6 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2005 of 2021
                                         (MONU KOL @ GUDDU KOL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-02-2024
                                 Shri T.P. Jaiswal - Advocate for the appellant.

                                 Shri S.K. Kashyap - Government Advocate for the respondent-State of

M.P.

Heard on I.A. No.3288 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Monu Kol @

Guddu Kol arising out of judgment dated 29.01.2021 delivered in Special Case No.89 of 2020 by Special Judge, (Protection of Children from Sexual Offences Act 2012) Mauganj, district Rewa.

The appellant has been convicted and sentenced for the offence punishable under Section 376 (3) of IPC and Section 5/6 of Protection of Children from Sexual Offences Act 2012 and sentenced to undergo R.I. for twenty years with fine of Rs.1500/-, under Section 376 (2) (Dha) of IPC to undergo for ten years with fine of Rs.1000/- and under Section 506, Part -II of IPC to undergo R.I. for five years with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant submits that as per prosecution story the prosecutrix lodged a report on 4.1.2020 (Ex.P-1) that about ten-twelve months ago the appellant allegedly sexually assaulted her on seven-eight occasions. Because of said sexual assault, she became pregnant for seven months. It is submitted that the story is improbable. There is no FSL and DNA report to support the case of the prosecution. The age of prosecutrix is erroneously recorded by the Court below. The prosecutrix in her cross examination fairly admitted that she had romantic relation with the appellant.

The wrong determination of age and impeachable character of her statement cannot be a reason to hold the appellant as guilty. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned Govenrment Counsel on the basis of objection but he could not point out the FSL or DNA report. He informed that the prosecutrix is served.

Considering the aforesaid factual backdrop and bleak chances of final hearing in near future, 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.3288 of 2023 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 - Monu Kol @ Guddu Kol be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Mauganj district Rewa on 22nd of April 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.

                                (SUJOY PAUL)                                                (VIVEK JAIN)
                                   JUDGE                                                       JUDGE

                          bks