Rajju@Raju vs The State Of Madhya Pradesh
2024 Latest Caselaw 27662 MP

Madhya Pradesh High Court

Rajju@Raju vs The State Of Madhya Pradesh on 1 October, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                   1                                 CRA-2806-2024
                             IN THE HIGH COURT OF MADHYA PRADESH
                                          AT GWALIOR
                                          CRA No. 2806 of 2024
                                   (RAJJU@RAJU Vs THE STATE OF MADHYA PRADESH )



         Dated : 01-10-2024
                  Shri S.S.Rajput - Advocate for the appellant.
                  Shri A.K.Nirankari - Public Prosecutor for the respondent/State.

1. Heard on I.A.No.4198 of 2024 , first application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail on behalf of appellant - Rajju @ Raju.

2. This criminal appeal assails the judgment dated 29-01-2024 passed in Special S.T.No.14/2022 by the Second Additional Sessions Judge and Special Judge (POCSO Act), Ganj Basoda, Distt. Vidisha, whereby appellant has been convicted under Section 376(2)(l) of IPC and Section 5K/6 of the POCSO Act and sentenced to undergo life imprisonment with fine of Rs.10,000/- with default stipulation under Section 5K/6 of the POCSO Act.

3. It is the submission of learned counsel for the appellant that trial Court erred in convicting and awarding jail sentence to appellant. Prosecutrix was at the cusp of attaining majority, however, she was treated as Child in Need of Care and Protection. It is further submitted that FIR was registered on written complaint lodged by father of the prosecutrix. Testimony of the prosecutrix indicates contradictions and omissions. Medical report belies the allegations and there were no injuries over her person. Internal examination also refers so. Counsel for the appellant refers the statement of Dr. Leena Sharma (PW-11) in this regard. Sufficient contradictions/omissions crept into the prosecution case qua the evidence of brother (PW-4) and mother (PW-2) of the prosecutrix. Appellant already suffered one year of incarceration as pre and post trial detention. Hearing

of the appeal shall take some time. Thus, prayed for grant of suspension of

2 CRA-2806-2024 sentence.

4. Learned counsel for the State opposed the application and prayed for its dismissal.

5. Considering the arguments advanced by learned counsel for the parties, this Court intends to allow the application (I.A.No.4198/2024) for suspension of sentence.

6. Accordingly, the I.A. stands allowed. The execution of remaining jail sentence of the appellant is hereby suspended and it is ordered that appellant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court subject to depositing fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 9.12.2024 and also on such other dates, as may be fixed by the Registry of this Court in this regard during pendecy of this appeal.

7. It is further directed that appellant shall not be a source of embarrassment and harassment to the prosecutrix in any manner and he shall not move in the vicinity of the prosecutrix and also not try to contact the complainant party by any mode, otherwise, benefit of suspension of sentence and bail shall automatically stands cancelled.

I.A. stands disposed of.

Certified copy as per rules.

                    (ANAND PATHAK)                              (RAJENDRA KUMAR VANI)
                        JUDGE                                           JUDGE


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