Madhya Pradesh High Court
Golu Kahar vs The State Of Madhya Pradesh on 25 February, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-8912-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8912 of 2024
(GOLU KAHAR Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 25-02-2025
Shri A.K. Dwivedi - learned counsel for the appellant.
Ms. Shweta Yadav - learned Deputy A.G. for the respondent
No.1/State.
None for the respondent No.2, though duly served.
Heard on IA No.18946/2024, which is first application filed under
Section 389(1) of Cr.P.C. /415(1) of BNSS Act, 2023 for suspension of jail
sentence and grant of bail moved on behalf of appellant- Golu Kahar.
Appellant has been convicted for commission of offence punishable
under Section 376(3) of IPC (included under Section 3/4 of Protection of
Children from Sexual Offences Act) and sentenced to undergo RI for 20
years and to pay fine of Rs.5,000/- and under Section 506(II) of the IPC and
sentenced to undergo RI for two years and to pay fine of Rs.1,000/-for each
offence respectively with usual default stipulation vide judgment dated
26/07/2024 passed by Special Judge, Exclusive Special Court (Protection of
Children from Sexual Offences Act, 2012), Betul District Betul in Special
Case No. 13/2021.
Prosecution story found to be proved is that prosecutrix lodged the
report against the appellant to the effect that on 20/04/2021 between 1:00
a.m. to 2:00 a.m., appellant came to her house and took her another place in
Mand, where he committed forceful intercourse with her. On the basis of
2 CRA-8912-2024
aforesaid, alleged offence has been registered against the appellant.
Learned counsel for the appellant submits that the appellant is innocent
and she has falsely been implicated in the alleged offence. Parents of the
prosecutrix did not support the prosecution case with regard to age of the
prosecutrix and turned hostile. As per the testimony of Biharilal Kajle (PW
4)- Head Master, Government Primary School, Dodhramow, District Betul at
the time of admission of the prosecutrix, he was not posted at the said school,
therefore, age of the prosecutrix is disputed. As per the testimony of
prosecutrix (PW 1), appellant has not committed any offence with her. DNA
report is also found to be uninterpretable/in conclusive, hence, there is
nothing available on record to connect the appellant with the alleged
offence. There are fair chances of the success of this appeal and if the
custodial sentence of the appellant is not suspended, then the purpose for
filing this appeal will get frustrated. There is no likelihood of early hearing
of this appeal in near future. Under these circumstances, learned counsel for
the appellant prays for suspension of custodial sentence and grant of bail to
the appellant.
Learned Government Advocate for the respondent/State has opposed
the application by contending that there is ample evidence available on
record to connect the appellant with the alleged offence, therefore, at this
stage no case for suspension of custodial sentence and grant of bail to the
appellant is not made out.
We have heard learned counsel for the parties and perused the record.
Considering the aforesaid facts and circumstances of the case coupled
3 CRA-8912-2024
with the fact that age of the prosecutrix is disputed and she has not made any
allegation against the appellant regarding commission of rape, but without
expressing any opinion on the merits of the case, IA No.18946/2024 is
allowed.
It is directed that subject to depositing the entire fine amount, if
already not deposited, the substantive jail sentence of appellant- Golu Kahar
shall remain suspended till the final disposal of the appeal and he be released
on bail, on furnishing personal bond in the sum of Rs.50,000/- with one
solvent surety in the like amount to the satisfaction of trial Court, for his
appearance before the concerned trial Court firstly on 21.04.2025 and on
such other dates, as may be fixed by the said Court in this regard.
List the matter for final hearing in due course.
(SUSHRUT ARVIND DHARMADHIKARI) (ANURADHA SHUKLA)
JUDGE JUDGE
skt
