Madhya Pradesh High Court
Kalu vs The State Of Madhya Pradesh on 29 February, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.13324 OF 2023
(Kalu vs The State of Madhya Pradesh)
Indore, Dated 29.02.2024
Mr. Mohan Patidar, counsel for the appellant.
Mr. Gaurav Singh Chauhan, counsel for the
respondent/State.
_____________________________________________________
Heard on IA No.18726 of 2023 which is first application
under Section 389 (1) of Criminal Procedure Code, 1973, filed on
behalf of sole appellant - Kalu S/o Ter Singh who has been
convicted by Special Judge, POCSO Act, 2012, Barwani (MP) in
Special Case No.70/2021 vide judgment dated 05.10.2023 and has
been sentenced him as under:-
Conviction Sentence
Section & Act Imprisonment Fine Imprisonment in
Amount lieu of fine
363, 366, 03 years RI Rs.500/- 15 days Addl. RI
376(2)(N),
506(Part-II)
IPC
5L/6 POCSO 20 years RI Rs.1,000/- 01 month RI
Act, 2012
Counsel for the appellant submits that appellant is innocent
and has been falsely implicated in the aforesaid offence. He further
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.13324 OF 2023
(Kalu vs The State of Madhya Pradesh)
submits that prosecutrix was nineteen years of age prior to the
incident. He also submits that victim remained with the appellant
for about one month on her own accord. The trial court has
committed error in determining the age of prosecutrix and the age
of prosecutrix is determined on the basis of scholar register Ex.P/8
and Radhika Nagar (PW/5) who is the primary school teacher has
produced the scholar register before the trial court and the trial
court has relied upon that the parents of the child has not given
any such document in respect of DOB of prosecutrix at the time of
admission and in the absence of any such document as regards
DOB, the same has no evidentiary value. He submits that the final
disposal of appeal is likely to take sufficient long time. Hence
prays for suspension of sentence and grant of bail to the appellant.
Per contra, counsel for the respondent/State has opposed
the application and prays for its rejection.
Having considered the facts and circumstances of the case
and considering the evidence of Radhika Nagar (PW/5) who is the
primary school teacher and the statement of prosecutrix recorded
under Section 164 of Criminal Procedure Code, 1973, we are of
the considered opinion that it is a fit case for grant of suspension
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.13324 OF 2023
(Kalu vs The State of Madhya Pradesh)
to the appellant. Accordingly, application IA No.18726 of 2023 is
allowed.
It is directed that substantive jail sentence of appellant -
Kalu S/o Ter Singh shall be suspended subject to his depositing
the fine amount (if not already deposited) and on furnishing a
personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand
only) with one solvent surety of like amount to the satisfaction of
concerned trial Court for his appearance on 03.05.2024 and on all
other subsequent dates as may be fixed by the Court concerned in
this behalf. Accordingly, application IA No.18726 of 2023 stands
disposed of.
As this appeal is already an admitted appeal. Hence list the
appeal for final hearing in due course.
Certified copy, as per Rules.
(S.A. DHARMADHIKARI) (HIRDESH)
JUDGE JUDGE
Arun/-
ARUN
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, ou=HIGH COURT
OF MADHYA PRADESH BENCH INDORE,
2.5.4.20=d5b56e3de75e7828ced1a96bc4f0
1804c3ea1f0a5497e4019e41c0a82cbabbf0,
NAIR
postalCode=452001, st=Madhya Pradesh,
serialNumber=192F2423E128DC1CC004DD
8FF22B3F2FFC3D1EF75981FCBEF3B2B7682
3F270F7, cn=ARUN NAIR
Date: 2024.02.29 18:36:58 +05'30'
