Madhya Pradesh High Court
Gyan Singh Rawat vs The State Of Madhya Pradesh on 28 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7711 of 2023
(GYAN SINGH RAWAT Vs THE STATE OF MADHYA PRADESH)
Dated : 28-02-2024
Shri Anshu Gupta - Advocate for the appellant.
Shri Sushant Tiwari - Public Prosecutor for respondent/State.
Heard on IA No.3702 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- Gyan Singh Rawat. His earlier application [IA. No.14418/2023] was
dismissed as withdrawn vide order dated 29.08.2023, with liberty to revive
prayer after six months.
Present appellant stood convicted under Section 6 of POCSO Act and
sentenced to undergo RI for 20 years with a fine of Rs.5,000/- with default
stipulation vide judgment of conviction and order of sentence dated 25.04.2023
passed by Special Judge (POCSO Act, 2012), Sabalgarh, District Morena
(M.P.), in Special (POCSO) Case No.62 of 2019.
The present appellant so far has suffered incarceration of about 17
months, as transpired during the course of hearing.
As per prosecution story, prosecutrix/complainant, at Police Station
Sabalgarh, District Morena (M.P.), on 28.03.2019, reported to the effect that
she studied in Class X at Indira Gandhi School, Sabalgarh and used to reside
on rent in the house of her paternal aunt (Bua) at Sabalgarh. Her elder sister,
younger brother and grandmother also used to reside with her. One Ajay
Goswami also resided in the same house as tenant where Gyan Singh Rawat of
Myana and Surendra Rawat of Salampur used to come and as such they
became known to each other. Ajay had got made her friendship with Surendra
of Salampur. Some days before Deepawali i.e. either on 20 or 21 at about 03:30
pm when she was going to coaching class, in the midst, she met with Ajay and
Surendra who were on the motorcycle. Ajay was driving the motorcycle while
Surendra was pillion rider. Both of them by asking her to visit some places, got
her on the motorcycle to Rampur Road towards jungle, stopped at a lonely
place where Gyan Singh (present appellant) and one more boy also came on
other motorcycle. Then they got her to the bushes where Surendra committed
rape on her whereas all remaining three kept watch. They also had prepared her
video and threatened her for dire consequences in case she disclosed the
incident to anybody. Due to fear prosecutrix did not apprise anybody but when
she came to know later that the said video was made viral then entire incident
she narrated to her grandmother and parents. On the basis of such information,
FIR was registered. 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 prosecutrix (PW-5), in her
statement, did not identify the present appellant. He further submits that incident
is alleged to have occurred on 20.10.2018 whereas the FIR has been lodged on
28.03.2019 i.e. after a period of five months. Furthermore, present apellant has
suffered incarceration of about 17 months. It is further submitted that the appeal
being of 2023 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 17 months, in the obtaining facts and circumstances of the
case, his earlier application i.e. IA.No.14418/2023 was dismissed as withdrawn
vide order dated 29.08.2023 with liberty to revive prayer after six months and
the appeal which is of the year 2023 is not likely to be decided in the near
future, we are of the view that present appellant is entitled to the benefit of
suspension of sentence and grant of bail.
Accordingly, IA No.3702 of 2024 stands allowed and it is directed that
the jail sentence of appellant Gyan Singh Rawat 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 Lacs only) with one
solvent surety in the like amount to the satisfaction of the Trial Court.
Appellant Gyan Singh Rawat is directed to appear before the Registry of
this Court first on 29.05.2024 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) (ROOPESH CHANDRA VARSHNEY)
JUDGE JUDGE
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