Madhya Pradesh High Court
Raghvendra Mishra vs The State Of Madhya Pradesh on 12 August, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-10809-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10809 of 2024
(RAGHVENDRA MISHRA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 12-08-2025
Shri Prakash Upadhyay, learned Senior Advocate assisted by Shri
Ramanath Dwivedi, learned counsel for the appellant No.1 Raghvendra Mishra.
Ms. Shweta Yadav, learned Public Prosecutor for the State.
Shri Santosh Anand, learned counsel for the objector.
Ms. Shweta Yadav, learned Public Prosecutor for the State submits that she
adopts previous objection filed for the co-accused.
Heard on I.A. No.10233/2025, which is an application under Section 389(1)
of Cr.P.C. for suspension of sentence and grant of bail to the appellant No.1
Raghvendra Mishra.
This appeal is filed being aggrieved of judgment dated 12.09.2024
passed by the learned Additional Sessions Judge (Protection of Children from
Sexual Offence Act, 2012), Sirmour, District Rewa in Special Case
No.27/2021 whereby appellant No.1 Raghvendra Mishra has been convicted in the
following manners:-
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
S.I. for 3
342 I.P.C. Rs.1,00/- S.I. for 7 days
months
R.I. for Life R.I. for 6
5/6 POCSO Rs.5,00/-
Imprisonment months
It is submitted that it's a case of false implication which is not corroborated
2 CRA-10809-2024
with the medical evidence of lady doctor, Dr. Smita Agrawal (PW-4). She has
categorically stated that there were no internal or external injury marks on the
body of the victim. Her secondary sexual characters were fully developed. Hymen
was old torn. She was advised X-ray and dental examination, so also to undergo
pregnancy test. There were no signs of immediate violation of her privacy. There
were no signs of any forceful intercourse or signs of struggle on the body of the
victim.
It is submitted that father of the victim has given detailed evidence and it
appears that victim was major at the time of the incident. School Teacher (PW-11)
has admitted that when parents of a student visits the school and whatever date of
birth is given by the parents, the same is recorded as the date of birth of the child
at the time of admission. This witness has admitted that at the time of admission he
cannot say as to which of the parents had visited the school as he was not posted in
the school. He cannot state as to whether the date of birth mentioned in the register
is correct or not. This witness further admitted that he had not brought the
admission form of the victim. Thereafter, reading evidence of Dr. Vikas Kumar
Singh (PW-12) and reading the MLC report (Ex.P-26), wherein it is mentioned
that radiological age of victim is below 18 years, it is submitted that there will be
margin of two years and that will go in favour of the appellant, therefore, there are
good chances of success in appeal. Hence, prays for suspension of sentence and
grant of bail to the appellant No.1 Raghvendra Mishra
Shri Santosh Anand, learned counsel for the objector, in his turn, submits
that age of the victim has been proved by the school teacher and that to be
accepted as correct. There are no grounds to extend benefit of suspension of
sentence in the favour of the appellant.
3 CRA-10809-2024
After hearing learned counsel for the parties and going through the record
and looking to the contradictions in the evidence of the father of the victim so also
that of the victim coupled with the that of the school teacher and the lady doctor,
who had examined the victim, it appears to be a good case which has good
chances of success. Without commenting on merits of the case, this Court is of the
opinion that it is a fit case to suspend the remaining part of the jail sentence of the
appellant No.1 Raghvendra Mishra and release him on bail.
Accordingly, I.A. No.10233/2025 is allowed.
It is directed that on depositing of fine amount, if not already deposited
and on furnishing personal bond to the tune of Rs.50,000/- (Rupees Fifty
Thousand Only) with two sureties in the like amount to the satisfaction of the Trial
Court for his appearance before the Trial Court on 21.11.2025 and on all
subsequent dates as may be fixed by the concerned Court, the execution of
remaining part of the jail sentence of appellant appellant No.1 Raghvendra
Mishra shall remain suspended and he be released on bail till final disposal of this
appeal.
List for final hearing in due course.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
MTK
