Madhya Pradesh High Court
Ajay Kumar vs The State Of Madhya Pradesh on 30 January, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-8275-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8275 of 2024
(AJAY KUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 30-01-2025
Shri Pradeep Kumar Naveriya - Learned counsel for the appellants.
Shri G.S. Thakur - Learned Government Advocate for the
respondent/State.
Shri Rajendra Kumar Vishwakarma - Learned counsel for the objector.
Heard on I.A. No.17691/2024, first application under Section 389(1)
of Cr.P.C for suspension of sentence and grant of bail filed on behalf of the
appellants.
2. This Criminal Appeal assails the judgment dated 05.07.2024 passed by
Special Judge (POCSO Act, 2012), District Seoni in S.C. No.52/2022,
whereby the appellant No.1 has been convicted for the offence punishable
under Sections 363, 341 of IPC and Section 17 of POCSO Act and sentenced
to undergo 5 years R.I. with fine of Rs.1000/-, 01 month R.I. with fine of
Rs.100/- and 20 years R.I. with fine of Rs.2000/- respectively with default
stipulations and appellant No.2 has been convicted for the offence
punishable under Sections 363, 341 of IPC and Section 5/6 of POCSO Act
and sentenced to undergo 5 years R.I. with fine of Rs.1000/-, 01 month R.I.
with fine of Rs.100/- and 20 years R.I. with fine of Rs.2000/- respectively
with default stipulations.
3. The prosecution story found to be proved beyond reasonable doubt is
that on 28.06.2022 at 7.00 to 9.00 hours, at Bus stand Palari, Police Station
2 CRA-8275-2024
Kevlari District Seoni Police Station Rehti, District Sehore, the appellants
wrongly restrained and kidnapped the prosecutrix from the lawful
guardianship of her parents and committed sexual intercourse with her
without her consent. The prosecutrix was minor at the time of incident. On
the basis of aforesaid guilt, the appellants have been convicted and
sentenced, as mentioned above.
4. Learned counsel for appellants submits that the appellants are innocent
and have been falsely implicated in the present case. They have not
committed any offence. He further stated that as per the statement of the
prosecutrix, she had gone with the appellants on her own will. There is no
cogent evidence with regard to the age of the prosecutrix. Moreover, now the
prosecutrix is major and she has solemnized the marriage with appellant
No.2. Marriage certificate is also annexed as Annexure A/1 filed alongwith
I.A. 28503/2024 filed by the prosecutrix, which is supported by an affidavit.
It is further submitted that the prosecutrix has no objection if the appellants
have been granted bail. The appellants have suffered almost 9 months of
incarceration. The appeal is of the year 2024 and there is no likelihood of
early hearing of this appeal, therefore the jail sentence of the appellants may
be suspended and they be released on bail.
5. Per contra, learned counsel for the respondent/State has vehemently
opposed the application for suspension of sentence and submitted that
looking to the nature of allegations and gravity of offence, the application is
liable to be rejected.
6. Considering the facts and circumstances of the case and the fact that
3 CRA-8275-2024
the prosecutrix has already solemnized marriage with appellant No.2, this
Court deems it appropriate to suspend the jail sentence of the appellants and
release them on bail. Accordingly, without commenting on the merits of the
case, I.A. No.17691/2024 is allowed. It is directed that substantive jail
sentence of appellants Ajay Kumar and Akshay Thakur shall remain
suspended subject to their depositing the fine amount (if not already
deposited) and on furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) each with one solvent surety each in the like
amount to the satisfaction of concerned trial Court for their appearance
before the trial Court on 27.03.2025 and on all other subsequent dates as may
be fixed by the Court concerned.
7. List the appeal for final hearing in due course.
(SUSHRUT ARVIND DHARMADHIKARI) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
Shanu
