Madhya Pradesh High Court
Ekam Choudhary vs The State Of Madhya Pradesh on 10 February, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-8731-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8731 of 2022
(EKAM CHOUDHARY Vs THE STATE OF MADHYA PRADESH )
Dated : 10-02-2025
Shri Ayur Jain, learned counsel for the appellant.
Shri Akhilendra Singh, learned Government Advocate for the
respondent / State.
Heard on I.A. No.9026/2024, which is first application under Section
389(1) of the Code of Criminal Procedure, 1973 for suspension of jail
sentence and grant of bail filed on behalf of appellant - Ekam Choudhary.
The present appellant has been convicted for commission of offence
punishable under Sections 366(k)(a), 368, 376(3) of the Indian Penal Code &
Section 5(1)/6 of the Protection of Children from Sexual Offences Act and
sentenced to undergo 10 years' rigorous imprisonment along with fine of
Rs.500/-, 10 years' rigorous imprisonment along with fine of Rs.500/-, 20
years' rigorous imprisonment along with fine of Rs.500/- and 20 years
rigorous imprisonment along with fine of Rs.500/- respectively with default
stipulations.
As per prosecution story, the appellant took the prosecutrix on his
motorcycle with the help of his uncle Bharat Choudhary. Thereafter, she was
taken to the uncle's house, who gave them a place in jungle area. In the said
temporary house, the present appellant committed rape upon her. When the
police reached along with her parents, she was recovered.
Learned counsel for the appellant submits that the prosecutrix was
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aged about 18 years at the time of incident. She was having affair with the
present appellant and they were known to each other. The age of the
prosecutrix has not been proved by the cogent evidence. As per the
ossification test, the age of the prosecutirx is found between 15 to 16 ½
years. In support of the aforesaid contention, learned counsel has placed
reliance upon a judgment delivered by the Division Bench of the Delhi High
Court in the case of Court on its Own Motiion v/s State of NCT of Delhi
reported in 2024 SCC OnLine Del 4484 . The present appellant is aged about
20 years having no criminal past. Even otherwise, this is an appeal 2022 and
final hearing of the same is not possible in near future. Hence, remaining jail
sentence of the present appellant be suspended.
Learned Government Advocate for the respondent / State opposes the
application and prays for its rejection.
Considering the totality of the facts and circumstances of the case so
also the fact that the prosecutrix is a consenting party and age of the present
appellant, we deem it proper to suspend the remaining jail sentence of the
present appellant. Accordingly, I.A. No.9026/2024 stands allowed.
The execution of remaining jail sentence of appellant - Ekam
Choudhary shall remain suspended till the final disposal of the appeal and he
be released on bail upon his furnishing personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety of the like
amount to the satisfaction of the trial Court and upon depositing the fine
amount (if not already deposited) with a further direction to appear before
the Registry of this Court on 19.06.2025 and thereafter, on all subsequent as
3 CRA-8731-2022
may be fixed by the Registry in this regard.
Certified copy, as per Rules.
(VIVEK RUSIA) (ANURADHA SHUKLA)
JUDGE JUDGE
Ravi
