Avdhesh @ Rabbu Dheemer vs The State Of Madhya Pradesh
2024 Latest Caselaw 28216 MP

Madhya Pradesh High Court

Avdhesh @ Rabbu Dheemer vs The State Of Madhya Pradesh on 14 October, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                              1                               CRA-7010-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 7010 of 2023
                                  (AVDHESH @ RABBU DHEEMER Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 14-10-2024
                                 Shri Surdeep Khampariya - Advocate for appellant.
                                 Shri Manas Mani Verma - Government Advocate for respondent/State.

Heard on I.A. No.17118/2024, which is the first application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant.

The appellant is aggrieved of the judgment dated 02.12.2022 passed by learned Special Judge (POCSO, 2012) District-Tikamgarh (M.P.) in SPL Case no.96/2020, whereby the appellant has been convicted for offence punishable under Sections 376(3)of IPC and sentenced to undergo R.I. for 20 years with the fine of Rs.20,000/- with default stipulations.

It is submitted by learned counsel for the appellant that victim is a consenting party. Her age is doubtful. Reading from the evidence of the concerned teacher i.e. PW-7 who has clearly accepted in the cross examination that on Ex.P-23 names of the parents of victim have been

corrected and there are no initials against the correction. Similarly, there is correction on Ex.P-24 which makes the age of the prosecutrix to be doubtful especially when read in the light of evidence of Dr. Ankita Rai (PW-9). Hence, prayer is made to suspend the remaining jail sentence of the appellant and to release him on bail.

Shri Manas Mani Verma, learned Government Advocate for the State

2 CRA-7010-2023 opposes the prayer.

After hearing learned counsel for the parties and going through the record, we have taken into consideration evidence of PW-7 and PW-9 especially in para-3 of her cross examination, since the appellant has been able to create a doubt about the age of the prosecutrix in view of the evidence of PW-7 and PW-9, without commenting on the 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 of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court

on 20.12.2024 and such other dates as may be fixed by the Trial Court, the execution of remaining part of the jail sentence imposed upon appellant shall remain suspended and he shall be released on bail till final disposal of this appeal.

I.A. No.17118/2024 is allowed and disposed of.

Certified copy as per rules.

                                 (VIVEK AGARWAL)                              (DEVNARAYAN MISHRA)
                                      JUDGE                                          JUDGE


                           DPS