Mahesh Kushwaha vs The State Of Madhya Pradesh
2025 Latest Caselaw 3706 MP

Madhya Pradesh High Court

Mahesh Kushwaha vs The State Of Madhya Pradesh on 8 August, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                               1

                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                  CRA No. 13889 of 2024
                                        (MAHESH KUSHWAHA Vs THE STATE OF MADHYA PRADESH )

                           Dated: 08/08/2025
                                 Ms. Monica Mishra-Advocate for appellant from Legal Aid.
                                 Shri Saket Udainiya- Public Prosecutor for respondent/State.

Heard on I.A.No.6119/2025, first application filed under Section 430 of BNSS, 2023 for suspension of jail sentence and grant of bail on behalf of appellant-Mahesh Kushwaha.

This criminal appeal assails the judgment dated 28/06/2016 passed in Special Sessions Trial No.82/2015 by Fifth Additional Sessions Judge/Special Judge (POCSO), Morena (M.P.); whereby, present appellant has been convicted as under:

                                 Section             Imprisonment                     Fine
                                363 of IPC            03 Years' R.I.      Rs.500/- with         default
                                                                          stipulation.
                                366 of IPC            03 Years' R.I.      Rs.500/- with         default
                                                                          stipulation.
                               376E of IPC         Life Imprisonment                   -
                           5D/6 of POCSO Act          10 Years' R.I.      Rs.1,000/- with       default
                                                                          stipulation.

It is the submission of counsel for appellant that trial Court erred in convicting and awarding jail sentence to present appellant. He suffered around 9 years and 7 months of incarceration as pre and post trial incarceration. It is further submitted that medical report belies the allegations and Dr. Shweta Rajput (PW-5) nowhere mentioned about the commission of offence as tried to be established by prosecution regarding rape. No injuries were found over the person of prosecutrix. Even the

sign of struggle was conspicuously absent over the person of prosecutrix. This indicates the false nature of evidence. It is highly improbable that looking to the nature of allegations, prosecutrix would have survived without any injuries over her person. Statement of father of prosecutrix (PW-1) is contradictory and suffers from contradictions and omissions. When 50 people went along with father of prosecutrix in ravines to search the prosecutrix, then out of those 50 people, no eyewitness was available for the prosecution to support the story. Appellant has already suffered sufficient period of custody. He has good case on merits and final hearing of appeal would take some time. He undertakes to abide by all terms and conditions as imposed by this Court. Under such circumstances, learned counsel for appellant prays for suspension of sentence and grant of bail to present appellant.

Counsel for respondent/State opposed the application and prayed for its dismissal.

Heard the counsel for parties and perused the record. Considering the arguments advanced by counsel for the parties, this Court intends to allow the application for suspension of sentence (I.A.No.6119/2025).

If appellant-Mahesh Kushwaha furnishes bail bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) along with one solvent surety of the like amount to the satisfaction of the trial Court that he shall appear before the Principal Registrar of this Court on 08/10/2025 and thereafter, on all other subsequent dates as may be fixed by the Office for appearance, then he shall be released on bail and execution of jail sentence is suspended till disposal of this appeal, subject to deposit of fine amount.

Appellant shall not be source of embarrassment and harassment to the complainant/victim side in any manner and he shall not move in their vicinity; otherwise, benefit of bail given today by way of suspension of sentence shall be withdrawn immediately.

I.A.No.6119/2025 stands disposed of, accordingly. Copy of this order be sent to the trial Court concerned for information and necessary compliance.

Certified copy as per rules.

                                 (Anand Pathak)                        (Pushpendra Yadav)
                                     Judge                                   Judge

               (Dubey)