Madhya Pradesh High Court
Akash Singh Gond @ Govind Singh @ Akki vs The State Of Madhya Pradesh on 22 February, 2024
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10281 of 2022
(AKASH SINGH GOND @ GOVIND SINGH @ AKKI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 22-02-2024
Shri Sourabh Singh Thakur - Advocate for the appellant.
Shri Arvind Singh - Government Advocate for respondent-State.
Heard on I.A. No. 4198 of 2023, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant - Akash
Singh Gond @ Govind Singh @ Akki arising out of judgment dated 18/10/2022
delivered in Spl. Case No.30/2019 by Special Judge, POCSO Act, Anuppur,
District Anuppur (MP).
The appellant has been convicted for the offence punishable under
Section 342 of the IPC and sentenced to undergo R.I. for 01 year and fine of
Rs.1000/-, under Section 450 of the IPC and sentenced to undergo R.I. for 10
years and fine of Rs.5000/-, under Section 376-AB of the IPC and sentenced to
undergo R.I. for 20 years and fine of Rs.5000/- and under Section 5(M)/6 of
the POCSO Act and sentenced to undergo R.I. for 20 years with fine of
Rs.5000/-, with default stipulations.
As per prosecution story, the appellant sexually assaulted the prosecutrix
aged about 06 years.
Learned counsel for the appellant submits that the statement of Dr. Ritika
(P.W.12) who conducted the MLC makes it clear that no external or internal
injury was found on the body of the prosecutrix. The FSL and DNA reports
do not support the case of the prosecution. The whole conviction is founded
upon the ocular evidence. It is submitted that on the statement of prosecutrix,
conviction can be recorded provided her statement is of sterling quality. By
taking this Court to the statement of prosecutrix (P.W.1), it is pointed out that
during the examination-in-chief, her grandmother (P.W.2) was present in the
Court and was continuously interrupting and correcting the answers given by
the prosecutrix. When Court objected to it, grandmother even threatened the
Court. The Court recorded a note in this regard. In this regard neither the
statement of prosecutrix nor the statement of grandmother is said to be of
unimpeachable character. Thus, the conviction solely founded upon their
statements cannot sustain judicial scrutiny. It is further submitted that appeal is
of the year 2022 and final hearing of this appeal is not possible in near future.
Hence, remaining jail sentence of the present appellant may be suspended.
Learned Government Advocate opposed the prayer on the basis of
objection and informed that the victim is served.
Considering the aforesaid factual backdrop of the case and looking to the
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. 4198 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 appellant - Akash Singh Gond @ Govind Singh @ Akki 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, Anuppur with a further direction to appear
before the concerned trial Court at Anuppur on 30 th 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
PK
