Madhya Pradesh High Court
Rundhava Kushwah @ Randhavaj 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. 9976 of 2022
(RUNDHAVA KUSHWAH @ RANDHAVAJ AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 16-02-2024
Ms. Nikita Jain - Advocate for the appellant.
Dr. Anjali Gyanani- Public Prosecutor for respondent/State.
Heard on I.A.No.597 of 2024, second repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.1 - Rundhava Kushwah @ Randhavaj. His earlier application
for suspension of sentence and grant of bail was dismissed as withdrawn vide
order dated 02.05.2023 (IA.364 of 2023).
Present appellant stood convicted under Section 376 (DA) IPC and
sentenced to undergo life imprisonment with a fine of Rs.10,000/- with default
stipulation, vide judgment of conviction and order of sentence dated 28.10.2022
passed by Special Judge (POCSO Act)/VIIIth Additional Sessions Judge,
Morena (M.P.) in Special Case No.60/2020.
The present appellant so far has suffered incarceration of one year and
ten months.
A s per prosecution story, on 04.08.2020 at about 6 pm, prosecutrix
alongwith her sister had gone in the village to distribute Bhujariya. At about 6:30
pm, accused Chhutalla @ Sunil Kushwah called the prosecutrix by giving her
sign. When the prosecutrix came near to him, he took her by shutting her
mouth, in the forest towards quarry. Accused Badalla @ Dharmendra Kushwah,
Dharamveer Kushwah and Dileep Kushwah were already present there. All the
accused persons committed rape upon the prosecutrix. Thereafter, on the next
day, at about 5 am, the accused persons took the prosecutrix by shutting her
mouth on a motorcycle near Banmore Railway Phatak at the house of accused
Dileep Kushwah and they locked her in a room. In the said room, all the
accused persons again committed rape upon the prosecutrix. On 06.08.2020, at
about 9 am, accused Chhutalla alias Sunil Kushwah, Badalla alias Dharmendra
Kushwah took the prosecutrix by making her sit on a motorcycle at the house
of sister of Chhutalla alias Sunil Kushwah. On another motorcycle accused
Dharamveer Kushwah and present appellant Rundhava Kushwah @ Randhavaj
were also there. The sister of accused Chhutalla alias Sunil Kushwa denied the
accused persons to get them stayed at her house. Then all the accused persons
stayed at Badokhar and thereafter they took the prosecutrix towards Bhura
Danda forest near quarry where accused Chhutalla alias Sunil Kushwah, Badalla
alias Dharmendra Kushwah, Dharamveer Kushwah, Dileep Kushwah and
present appellant Rundhava Kushwah @ Randhavaj committed rape upon the
prosecutrix. When condition of the the prosecutrix started deteriorating, all the
accused persons fled away by threatening her with dire consequences, if she
disclosed the incident to anyone. After the incident, the prosecutrix went to her
home and narrated the incident to her family member. On the basis of such
information, FIR was registered and investigation was set in motion. Upon
completion of investigation including recording of statements of witnesses,
collection of evidence and necessary formalities, challan was filed before the
competent Court. The Special Court, on appreciation of evidence placed on
record, convicted and sentenced the present appellant, as referred above.
Learned counsel for the present appellant while taking exception to the
impugned judgment of conviction and order of sentence, submits that learned
Special Court has not appreciated the evidence placed on record i n correct
perspective. The judgment suffers from surmises and conjectures. Prosecutrix,
her parents and sister of the prosecutrix have turned hostile and did not support
the case of prosecution. Present appellant has falsely been implicated in the
instant case. It is further submitted that present appellant has so far undergone
incarceration of one year and ten months. The appeal being of the year 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 State,
opposed the prayer and prayed for dismissal of suspension application, looking
to the nature and gravity of offence.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions touching merits of the case but regard
being had to the fact that present appellant so far has already undergone
incarceration of one year and ten months, coupled with the fact that appeal is of
the year 2022 and there is no likelihood of early hearing of the appeal in near
future, in the obtaining facts and circumstances, we are of the view that present
appellant is held entitled to the benefit of suspension of sentence and grant of
bail.
Accordingly, I.A.No.597 of 2024, stands allowed and it is directed that
the jail sentence of appellant No.1 - Rundhava Kushwah @ Randhavaj
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.1,00,000/-
(Rupees One Lac only) with one solvent surety in the like amount to the
satisfaction of the Trial Court.
Appellant No.1 - Rundhava Kushwah @ Randhavaj is directed to
appear before the Registry of this Court first on 22/05/2024 and thereafter, on
other subsequent dates as may be fixed in this behalf.
Accordingly, the 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
ojha
