Aarun vs The State Of Madhya Pradesh
2024 Latest Caselaw 3921 MP

Madhya Pradesh High Court

Aarun vs The State Of Madhya Pradesh on 9 February, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                            1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                    CRA No. 11887 of 2022
                                    (AARUN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 09-02-2024
                               Shri Chandra Prakash Purohit - Advocate for the appellants.

                               Shri K. K. Tiwari - Govt. Advocate for the respondents/State.

Learned Government Advocate for respondent/State has informed that the prosecutrix has been served.

Heard on I.A. No.18612/2023, which is second application filed under

Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the appellant No. 1- Arun.

The first application was dismissed on merits vide order dated 20.04.2023.

The Trial Court has convicted the appellant under Section 363 of I.P.C. and sentenced to undergo R.I. for 5 years with fine of Rs.500/- and Section 366 of I.P.C. and sentenced to undergo R.I. for 7 years with fine of Rs.500/- and Section 3/4 of POCSO Act and sentenced to undergo Life Imprisonment with fine of Rs.1,000/- with default stipulations, vide judgment of conviction and

order of sentence dated 08.12.2022 passed by Special Judge (POCSO Act), District Dhar (M.P.) in S.T. No.07/2022.

As per prosecution case, the present appellant and prosecutrix (PW-1) were familiar and knew each other. On 29.01.2022, the present appellant sent the prosecutrix to Indore with his brother/co-appellant Ritesh. The co-appellant Ritesh took her to Indore and left in a room and told her that present appellant will come after some time and he went somewhere from there. After some time present appellant came there, thereafter, the prosecutrix (PW-1) and present

appellant went to a temple and solemnized marriage. Thereafter, the present appellant made physical relationship with her and at the time of incident, the prosecutrix was minor aged about 15 years 11 months. On 02.02.2022, her father alongwith Police came there and Police recovered the prosecutrix from possession of the present appellant and prepared the Dastyabi Panchnama (Ex. P-5).

Learned counsel for the appellant submits that he has not committed any offence and has falsely been implicated in the case. FSL Report (Ex.P-15) and MLC Report have not supported the case of prosecution. There are material contradictions and omissions in statement of prosecution witnesses, but trial

Court has not considered properly in the impugned judgement and has wrongly convicted and sentenced the appellant. The present appellant was in custody from 03.02.2022 to 04.04.2022 and thereafter he is also in custody since the date of judgment i.e., 08.12.2022. Final hearing of this appeal is not possible in near future, therefore, it is prayed that the remaining jail sentence may be suspended and the appellant may be released on bail.

Per contra, learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant and submits that on 20.04.2023, the first suspension application of the appellant is dismissed on merits. There is no change in circumstances, hence this application filed by the appellant be dismissed.

We have heard learned counsel for the parties and perused the record. After considering the submissions made by learned counsel for the parties and looking to the evidence available on record and the involvement of the appellant in the present crime, this Court is of the view that no case is made

out for suspension of jail sentence of appellant.

Accordingly, I.A No.18612/2023 is hereby dismissed.

                            (S. A. DHARMADHIKARI)                        (PRAKASH CHANDRA GUPTA)
                                     JUDGE                                        JUDGE

                         Shruti