Rajesh Vasudeva vs The State Of Madhya Pradesh
2024 Latest Caselaw 4676 MP

Madhya Pradesh High Court

Rajesh Vasudeva vs The State Of Madhya Pradesh on 17 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                      CRA No. 3022 of 2022
                                      (RAJESH VASUDEVA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 17-02-2024
                                 Shri Renu Gupta - Advocate for the appellant.

                                 Shri A.N. Gupta - Government Advocate for respondent-State.

Heard on I.A. No 16752 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant -Rajesh Vasudeva arising out of judgment dated 10.03.2022 delivered in Special Case

No. 39/2020 by Special Judge (POCSO Act), Jabalpur The appellant has been convicted and sentenced for the offence punishable under Sections 363, 366 of IPC and sentenced to undergo R.I. for three years with fine of Rs.500/-, R.I. for seven years with fine of Rs.1000/-, and Section 5(L) read with Section 6 of POCSO Act and sentenced to undergo R.I. for twenty years with fine of Rs. 3000/- respectively with default stipulations.

Learned counsel for the appellant submits that appellant is in actual jail custody since 11.02.2022 till date. It is stated that as per prosecution version,

the present appellant is alleged to have taken away two victim girls and is alleged to have caused sexual assault to the elder of the two. It is further stated by learned counsel for the appellant that even looking to the deposition of the elder prosecutrix (PW/2), it is mentioned in para 9 that it was a case of consent. Even the younger victim PW/3 has deposed that she and her elder sister had willingly went with the appellant and her sister intended to marry the appellant. In para 1 of deposition of PW/2 the fact of marriage is admitted. Learned counsel for the appellant further submits that the age of elder victim is wrongly ascertained by

the court on the basis of mark-sheet of class VIth and the father of the victim PW/1 had admitted in para 5 of his deposition that he has got age of children recorded in school records at lower side. Learned counsel for the appellant further submits that appellant is willing to reside with the elder prosecutrix with whom he has married. Final hearing of this appeal is not possible in near future. Thus, jail sentence of the present appeal may be suspended.

The prayer is opposed by learned Government Advocate on the basis of objection.

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.16752/2023 is allowed and disposed of. 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 - Rajesh Vasudeva be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one local surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Jabalpur on 24 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

                          MISHRA