Madhya Pradesh High Court
Navla @ Navalsingh vs The State Of Madhya Pradesh on 16 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12467 of 2022
(NAVLA @ NAVALSINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 16-02-2024
Shri R.K. Dubey- Advocate for the appellant.
Dr. Anjali Gyanani - Public Prosecutor for respondent/State.
Heard on IA No. 21911 of 2023 , second repeat application under
Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on
behalf of appellant- Navla @ Naval Singh. His earlier application (IA. No.2876
of 2023) has been dismissed as withdrawn vide order dated 08.08.2023.
Present appellant stood convicted under Section 376 IPC and under
Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 and sentenced to undergo imprisonment for life with a fine
of Rs.10,000/- with default stipulation vide judgment of conviction and order of
sentence dated 14.12.2022 passed by Special Judge (POCSO Act, 2012)/Eighth
Additional Sessions Judge, Morena (M.P.) in SCATR No.188 of 2019.
The present appellant so far has undergone actual jail sentence of one
year and five months, as transpired during the course of hearing.
As per prosecution story, on 05.09.2019 at about 9-10 in the morning,
when prosecutrix (PW-1) was all alone at home as her mother had gone to the
field to fetch grass and her father and younger sister had gone to her elder
sisters' home, accused/appellant came to the house of the prosecutrix and
asked the prosecutrix to be inside the house with him. When the prosecutrix
objected to it, he forcefully got her inside the house, wrapped her face from
scarf (dupatta) and then committed rape upon her. At that time, mother of the
prosecutrix came back from the field to whom having seen, accused/appellant
fled away. After arrival of her father, prosecutrix apprised her father about the
incident and then FIR was lodged. After registration of FIR, investigation was
set in motion. Upon completion of investigation including recording of
statements, collection of evidence and necessary formalities, challan was filed.
The Special Court on appreciation of evidence placed on record convicted and
sentenced the present appellant as mentioned above.
Learned counsel for the present appellant while taking exception to the
impugned judgment of conviction and order of sentence submits that the
Special Court has not appreciated the evidence placed on record in correct
perspective. The judgment suffers from surmises and conjectures. It is
submitted by learned counsel for the appellant that no internal or external injury
has been found on the body of the prosecutrix and as per medical evidence, no
definite opinion could be given about rape. He further submits that as per
ossification test, report of which is Ex.P-21 and X-ray plate is Ex.P-22, the age
of the prosecutrix was between 16 to 17 years. It is further submitted by learned
counsel for the appellant that in fact, it is a matter of consent. Appellant has
suffered incarceration of one year and five months. It is further submitted that
the appeal being of 2022 is not likely to be decided in the near future. On these
grounds, learned counsel submits that the present appellant may be extended
the benefit of suspension of sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that present appellant so far has undergone
incarceration of one year and five months, the appeal which is of the year 2022
is not likely to be decided in the near future and taking into consideration the
overall facts and circumstances of the case, we are of the view that present
appellant is entitled to the benefit of suspension of sentence and grant of bail.
Accordingly, IA No. 21911 of 2023 stands allowed and it is directed
that the jail sentence of appellant-Navla @ Naval Singh shall remain
suspended during pendency of the present appeal and he shall be released on
bail subject to verification of the factum of depositing the fine amount and on
his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lac
only) with one solvent surety in the like amount to the satisfaction of the Trial
Court.
Appellant-Navla @ Naval Singh is directed to appear before the Registry
of this Court first on 22.05.2024 and on other subsequent dates as may be fixed
in this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
(Dubey)
