Madhya Pradesh High Court
Ajay Singh @ Ajju vs The State Of Madhya Pradesh on 27 May, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6118 of 2022
(AJAY SINGH @ AJJU Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 27-05-2024
Shri Akash Kaushal - Advocate for the appellant.
Shri Nitin Gupta - Dy. Government Advocate for the respondent
No.1/State.
Shri Gautam Singh - Advocate for the objector.
Heard on I.A. No. 9865/2022 an application under Section 389(1) of
Cr.P.C. for suspension of sentence to appellant Ajay Singh @ Ajju.
Vide judgment dated 10/5/2022 passed by learned Special Judge,
POCSO, Hoshangabad (M.P.) in S.C.No.15/21, the appellant stands convicted
for the offence under Section 363 of the IPC, and sentenced to undergo R.I.
for three years with fine of Rs.1000/-, under Section 366A of the IPC and
sentenced to undergo R.I. for five years with fine of Rs.2000/- and under
Section 6 of the POCSO Act and sentenced to undergo R.I. for life with fine of
Rs.2000/- with default stipulations.
Appellant's contention is that it is a matter of consensual relationship as
has been admitted by the prosecutrix in her statement under Section 164 of the
CrPC. It is submitted that at the time of the incident, prosecutrix was about 17
years and 7 months of age. She was about to complete 18 years of age. There
was an infatuated relationship between the two with resulted in her eloping with
the appellant. Appellant is a youth of 23 years if he is put to face such
incarceration that will spoil his carrier.
Learned counsel for the State, Shri Nitin Gupta submits that DNA report
is positive and therefore, no indulgence be required.
Learned counsel for the objector, Shri Gautam Singh Kaurav supports
the application and submits that he is not opposing the application on behalf of
the prosecutrix.
On perusal of the DNA report, it is evident that as far as vaginal slide is
concerned, un interpretable DNA profile is obtained whereas the DNA on
undergarments has been confirmed to be that of the appellant.
Looking to the age of the appellant and the prosecutrix and without
commenting on merits of the case, we are of the considered opinion that this is
a fit case to suspend the remaining jail sentence of the appellant and to release
him on bail.
It is directed that on depositing the fine amount, if not already deposited
and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty
Thousand Only) with two solvent sureties in the like amount to the satisfaction
of the Trial Court for his appearance before the Trial Court on 18/12/2024 and
such other dates as may be fixed by the Trial Court, the execution of remaining
part of the jail sentence imposed upon Appellant Ajay Singh @ Ajju shall remain
suspended and he shall be released on bail till final disposal of this appeal.
I.A.No. 9865/2022 is allowed & disposed of.
Office is directed to prepare the paper book in the matter and list for final
hearing as per its turn and seniority in part B of the cause list.
Certified copy as per rules.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
m/-
