Madhya Pradesh High Court
Ballu @ Baliram vs The State Of Madhya Pradesh on 29 January, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-15732-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 15732 of 2023
(BALLU @ BALIRAM Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 29-01-2025
Mr. Nilesh Dave, learned counsel for the appellant.
Ms. Sonal Gupta appearing on behalf of Advocate General.
Per : Justice Gajendra Singh
I.A.No.10898/2024 which is an application for urgent hearing is
allowed.
Heard on I.A.No.4563/2024, which is the first application under
Section 389 of Cr.P.C., 1973 on behalf of the sole appellant/accused Ballu @
Baliram for grant of bail and suspension of remaining jail sentence.
2 . Appellant/accused has been convicted for the offence under
Sections 363, 366, 376(1), 376(2)(n) of the IPC & Section 6 r/w section 5(L)
of the POCSO Act, 2012 and Section 3(1)(w)(i), 3(2)(v) and (3)(2)(va) of
SC/ST (POA) Act, 1989 and has been sentenced under Section 366 of the
IPC r/w section 3(2)(va) of the SC/ST (POA) Act, 1989 for 5 years R.I.,
under section 6 r/w section 5(L) of the POCSO Act, 2012 r/w section 3(2)(v)
of the SC/ST (POA) Act, 1989 and sentenced to undergo Life Imprisonment
(till end of his natural life) and section 3(1)(w)(i) of SC/ST (POA) Act, 1989
and sentenced to 1 year R.I. with fine and default stipulations in Special Case
(POCSO) No.47/2020 by Special Judge (POCSO) Act, Mandleshwar, West
Nimar vide judgment dated 28.10.2023.
3 . Appellant/accused has been convicted for kidnapping with intend to
2 CRA-15732-2023
marry and penetrative sexual assault of a child (PW-1) aged 17 years 7
months and 20 days belonging to the caste notified as Schedule Caste in the
State of Madhya Pradesh on 28.02.2020 and committing penetrative sexual
assault repeatedly upto recovery of child on 14.03.2020 by the
appellant/accused belonging to other backward caste but not SC/ST
category.
4 . This application has been preferred on the ground that the birth
certificate of the prosecutrix is not proved as per Section 35 of the Evidence
Act, 1872. The prosecutrix was major and there is love affair between
prosecutrix and appellant but due to pressure of her parents this false case
has been registered against the appellant, who was also a 20 years old boy at
that time with whom prosecutrix accompanied with her own consent and
went to Gujrat by public transport and did not make any hue and cry or did
not make any complaint to anyone/anybody.
5 . Learned counsel for the State has opposed the application by filing
the reply through document no.11655/2024 submitting that victim (PW-1),
her father (PW-2), mother (PW-3) and scholar register (Exhibit-P/14-C)
proved by Bhagwan Singh Jamle (PW-8) has sufficiently proved the date of
birth of the victim/prosecutrix as 8th July, 2022. The offence has been
proved through medical report (Exhibit-P/10), FSL report (Exhibit-P/22) and
DNA report Exhibit-P/38.
6 . Notices were issued to the victim 'X' but no one appeared on behalf
of the Victim 'X'.
7 . Perused the record and line no.5, 6 & 7 of para no.4 of (PW-8)
3 CRA-15732-2023
Bhagwan Singh Jamle's statement and last line of para 1 of PW-3 and para
10 of PW-2. In the light of serious challenge to the age of victim (PW-1) and
the statement of victim recorded under Section 164 of the Cr.P.C. on
16.03.2020 as PW-4, we deem it appropriate to suspend the remaining jail
sentence of the appellant/accused Ballu @ Baliram.
9 . Accordingly, I.A.No.4563/2024 is allowed and the execution of
remaining jail sentence of the appellant - Ballu @ Baliram is hereby
suspended till the final disposal of this appeal and it is ordered that the
appellant be released on bail on his depositing the fine amount, if not already
deposited, and upon furnishing a personal bond for a sum of Rs.50,000/-
with one solvent surety of the like amount to the satisfaction of the trial
Court, with a further direction to appear before the Registry of this Court on
21.04.2025 and on such other dates, as may be fixed by the Registry of this
Court in this regard during the pendency of this appeal.
10. I.A.No.10898/2024 & I.A.No.4563/2024 are disposed of.
11. Appeal has already been admitted, so list the same for final
hearing in due course.
C.C. as per rules
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
VS
