Vikki Ahirwar vs The State Of Madhya Pradesh
2024 Latest Caselaw 28234 MP

Madhya Pradesh High Court

Vikki Ahirwar vs The State Of Madhya Pradesh on 14 October, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                                  1                                CRA-4047-2024
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT GWALIOR
                                                          CRA No. 4047 of 2024
                                                 (VIKKI AHIRWAR Vs THE STATE OF MADHYA PRADESH )



                            Dated : 14-10-2024
                                  Mr. Dharmendra Singh Chauhan - Advocate for the appellant.
                                  Mr. A.K. Nirankari - Public Prosecutor for the respondent - State.

1. Heard on I.A.No.16649 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 - Vikki Ahirwar.

2. This criminal appeal assails the judgment dated 15.06.2023 passed in Special S.T.No.21/2022 by the Second Additional Sessions Judge and Special Judge (POCSO Act), Datia, whereby appellant has been convicted under Section 363 of IPC and sentenced to undergo three years imprisonment with fine of Rs.3,000/-, under Section 366 of IPC and sentenced to undergo seven years imprisonment with fine of Rs.5,000/- and under Section 5/6 of POCSO Act and sentenced to undergo twenty years imprisonment with fine of Rs.10,000/-, with default stipulation.

3. It is the submission of learned counsel for the appellant that trial Court erred in convicting and awarding jail sentence to the appellant. It is further submitted

that prosecutrix was at the cusp of attaining majority. Her statement under Sections 161/164 of Cr.P.C. as well as Court statement indicate that she left her maternal home on her own volition. She remained with the appellant for 20-25 days without raising any alarm. It is highly improbable that she could have lived with appellant without her consent for 20-25 days when she was not detained as such. It was a case of consent prima facie . Hearing of the appeal shall take some time. Thus, prayed for grant of suspension of sentence.

2 CRA-4047-2024

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.16649/2024) 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 19.12.2024 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)                                        (HIRDESH)
                                          JUDGE                                               JUDGE


                            bj/-