Madhya Pradesh High Court
Dhanjay Rajak vs The State Of Madhya Pradesh on 3 October, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-6719-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6719 of 2024
(DHANJAY RAJAK Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 03-10-2024
Shri Ranjeet Singh Rawat - Advocate for the appellant.
Shri D.S. Kushwah - Additional Advocate General for the
respondent/State.
Shri Vikas Parashar - Advocate for the complainant.
Heard on I.A.No.11232/2024, first application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail on behalf of sole
appellant- Dhananjay Rajak.
2. This Criminal Appeal has been preferred under Section14-A of the
SC/ST (Prevention of Atrocities) Act, 1989 read with Section 374 of Cr.P.C.
against the judgment of conviction and order of sentence dated 14.05.2024
passed by the Special Judge (POCSO Act), Shivpuri (Madhya Pradesh) in
Special Case No.SC/100/2022 whereby present appellant has been convicted
under Section 376 of IPC and sentenced to undergo 10 years' RI with fine of
Rs.1000/-, under Section 4 of POCSO Act and sentenced to undergo 20
years' RI with fine of Rs.1000/- and under Section 376 of IPC read with
Section 3(2)(v) of SC/ST Act and sentenced to undergo life imprisonment
with fine of Rs.2000/- with default stipulations.
3. It is the submission of learned counsel for the appellant that trial
Court erred in convicting the appellant and awarding jail sentence. Case is of
consent prima facie which is further elaborated in statement when
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prosecutrix was recovered and in her Court statement also. She mentions that
she left her maternal home on her own volition. Prosecutrix was at the cusp
of attaining majority. No injuries were found over the person of prosecutrix.
Even DNA report stands negative. Appellant has already suffered five
months' confinement. It is further submitted that hearing of this appeal will
take time and the appellant has good case on merits. He further undertakes to
abide by all the terms and conditions as imposed by this Court and would not
be a source of embarrassment or harassment to the complainant side in any
manner. Therefore, he may also be given the benefit of suspension of
sentence and grant of bail.
4. Learned counsel for the State opposed the prayer made by the
counsel for the appellant and prays for rejection of application.
5. Considering the facts and circumstances of the case as well as
arguments advanced by counsel for the parties, this Court is inclined to grant
suspension of sentence to the appellant. Hence, without commenting on the
merits of the case, application is allowed and it is ordered that on furnishing a
personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one
solvent surety of the like amount to the satisfaction of the concerned trial
Court, the jail sentence of appellant - Dhananjay Rajak shall remain
suspended till disposal of this appeal and he be released on bail subject to
deposit of fine, if not already deposited. He is further directed to remain
present before the Registry of this Court on 16.12.2024 and, thereafter, on
such subsequent dates as may be fixed by the Registry.
6 . It is further directed that appellant shall not be a source of
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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.
7. I.A. No.11232/2024 is allowed and stands disposed of.
Certified copy as per rules.
(ANAND PATHAK) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
Monika
