Tinku @ Ashish vs The State Of Madhya Pradesh
2024 Latest Caselaw 27661 MP

Madhya Pradesh High Court

Tinku @ Ashish vs The State Of Madhya Pradesh on 1 October, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1                                CRA-3882-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 3882 of 2024
                                      (TINKU @ ASHISH Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                          Dated : 01-10-2024
                                Shri Vikas Mishra - learned counsel for the appellant.
                                Shri Manas Mani Verma - learned Government Advocate for the
                          respondent No.1/State.

Shri Gulab Singh - learned counsel for the respondent No.2/objector.

Heard on I.A. No.8011/2024, which is first application for suspension

of sentence and grant of bail to the appellant - Tinku @ Ashish.

This appeal is filed being aggrieved of the judgment dated 05.12.2023 passed by the Special Judge POCSO Act, Betul, District Betul (M.P.) in SCATR No.151/2020 whereby the appellant has been convicted for offences punishable under Sections 363, 366, 376(1) of IPC r/w Section 3/4 of POCSO Act, Section 3(2)(V) r/w Section 3(1)(B)(ii) of SC/ST Act and sentenced to undergo R.I. for three years, five years, ten years and life imprisonment with fine of Rs.1000/-, 2000/-, 5000/-, 2000/- respectively, with default stipulations.

Learned counsel for the appellant submits that date of birth of the

victim is doubtful. Exhibit - P/17 is the certificate of Class- VIth where the victim had taken admission, a fact which is mentioned in Para No.13 of the impugned judgment. It is submitted that Exhibit - P/16 is the certificate issued on the basis of Exhibit - P/17. School Teacher (PW-8) has been examined in support of this certificate and he admits that date of birth was

2 CRA-3882-2024 recorded in the School where victim had taken admission in Class - VIth on the basis of Transfer Certificate. It is also submitted that such document is not admissible in law as a proof of age. Prosecution should have recovered

Class- Is t School register i.e. Dakhil Kharij and should have produced it in proof of date of birth of the victim. Even mother of the victim (PW-2) has admitted that she is illiterate and does not know the date of birth of the victim. Hence, prayer is made to suspend the remaining part of the jail sentence of appellant and to grant him bail.

Learned counsel for the objector submits that he has no objection if bail is granted to the appellant.

Learned Government advocate for the State opposes the prayer made

by learned counsel for appellant.

Thus, learned counsel for the appellant has been able to create a doubt in date of birth in School record in which, date of birth of the victim is mentioned as 12.05.2003. Incident is of 07.10.2020. In view of such facts that when date of birth is doubtful, advantage will go to the appellant. After taking into consideration the overall facts & circumstances but without commenting anything on the merits of the case, we are of the opinion that present is a fit case to suspend the remaining part of the jail sentence of appellant and to grant him bail.

It is directed that subject to depositing the fine amount (if not already deposited), the execution of remaining part of the jail sentence of appellant shall remain suspended and he be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand only) with two

3 CRA-3882-2024 solvent sureties of the like amount to the satisfaction of the Trial Court for his appearance before the said Trial Court on 18.12.2024 and on such other dates as may be fixed by the Trial Court in this regard during the pendency of this appeal.

Accordingly, I.A.No.8011/2024 is allowed.

In terms of above order, appellant's counsel prays for withdrawal of I.A. No.13787/2024.

Accordingly, I.A. No.13787/2024 stands dismissed as withdrawn . Certified copy as per rules.

                                    (VIVEK AGARWAL)                       (PRAMOD KUMAR AGRAWAL)
                                         JUDGE                                     JUDGE


                          shahina