Shivlal Banswashi vs The State Of Madhya Pradesh
2024 Latest Caselaw 5504 MP

Madhya Pradesh High Court

Shivlal Banswashi vs The State Of Madhya Pradesh on 22 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10174 of 2023 (SHIVLAL BANSWASHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 22-02-2024 Shri Shailendra Singh Thakur - Advocate for the appellant.

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

Heard on I.A. No.19213 of 2023, application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Shivlal Banswashi aris ing out of judgment dated 31.07.2023 delivered in S.T.

No.18/2021 passed by Special Judge, POCSO Act, Dindori (MP).

The appellant - Shivlal Banswashi has been convicted under Sections 363 and 366 of the I.P.C. and Sections 3/4 and 5(l)(6) of the POCSO Act and sentenced to undergo R.I. for 3 years with fine of Rs.500/-, R.I. for 5 years with fine of Rs.500/-, R.I. for 20 years with fine of Rs.1,000/- and R.I. for 20 years with fine of Rs.1,000/- respectively, with default stipulations.

Learned counsel for the appellant while taking this Court through the prosecution story submits that the appellant has said to have committed sexual assault on the victim on the pretext of marriage. Learned counsel for the

appellant while referring to MLC report of victim Exhibit P-6 submits that Doctor did not give any definite opinion about previous pregnancy of the victim, which was alleged by the prosecution.

Learned counsel for the appellant further submits that the evidence against the present appellant is on a weak footing. DNA report did not detect any male DNA in the body of the prosecutrix and further that PW-1, who is mother of prosecutrix turned hostile and stated that the appellant has married the prosecutrix. Learned counsel further criticized the age of the prosecutrix on

the basis of scholar register (Exhibit P-12). It is also stated that the said scholar register is of High School, but the scholar register or any record of primary education of the prosecutrix was not brought on record by the prosecution on the basis of which her age would have been entered in scholar register of High School. Learned counsel relies on the recent judgment of Hon'ble Supreme Court in Cr.A. No.2276/2014 (Manak Chand @ Mani vs. State of Haryana). The appeal of the year 2023 and final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the present appellant may be suspended.

Learned Government Counsel for the State opposed the prayer on the

basis of objection.

Considering the aforesaid factual aspect and ,without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A. No.19213 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 the appellant - Shivlal Banswashi 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, District Dindori on 29.04.2024 and also on such further 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)






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