Madhya Pradesh High Court
Vidhi Ka Ulanghan Karne Wala Balak vs The State Of Madhya Pradesh on 15 July, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-2495-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 2495 of 2024
(VIDHI KA ULANGHAN KARNE WALA BALAK Vs THE STATE OF MADHYA PRADESH )
Dated : 15-07-2025
Shri Amit Goswami- learned Counsel for appellant.
Dr. Anjali Gyanani- learned Public Prosecutor for respondent-State.
Heard on I.A.No.3717/2024, first application under Section 389 (1) of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of
appellant.
2. This appeal assails the judgment of conviction and order of sentence
dated 19/01/2024 passed by Special Judge (POCSO Act)2012/ Additional
Sessions Judge, Juvenile Court Lahar District Bhind (M.P.) in Special
Session Trial No.18/2020 by which present appellant stood convicted and
sentenced as under:-
Section Imprisonment Fine Default in lieu
450 IPC Five Years RI Rs.1000/- 1 month
376-ab IPC Twenty Years RI Rs.2000/- 3 months
3. It is the submission of learned counsel for the appellant that
appellant is child-in-conflict with law (CICL) and suffered one year and nine
months of incarceration as pre and post trial confinement. It is submitted by
counsel for appellant that medical report belies the allegations. Dr. Radha
Agarwal (P.W.12) nowhere referred that any bleeding was found from
prosecutrix, whereas mother of the prorsecutrix (P.W.2) elaborated in her
cross examination that there was much blood spread/littered around the
2 CRA-2495-2024
scene of crime. This contradiction is material. It is further submitted that date
of incident is 1 February, 2019 and FIR has been registered on 3 February,
2019 at the instance of maternal uncle of prosecutrix (P.W.6). Said witness
in his testimony refers the fact that at the time of incident, he went at
Village- Lilwaari and returned next date, whereas mother of the prosecutrix
(P.W.2) refers the fact that her brother resides at Jaipur and when she
contacted him on mobile then he came to village to lodge FIR. This fact was
specifically denied by maternal uncle of prosecutrix (P.W.6) in his cross
examination. It is further submitted that because of property related dispute
between the families, this allegation has been levelled to frame present
appellant. Fact of existing dispute between the families is admitted by
maternal uncle of prosecutrix (P.W.6) in his admission. All these factors
indicate that it was a case tainted with false implication. It is further
submitted that appellant is different person with disability (hearing and
speech impairment). The appeal is of the year 2024 and hearing of the appeal
shall take some time. Appellant has a good case on merits. Appellant is
ready to abide by all the conditions as imposed by this Court. Hence, prayed
for suspension of jail sentence and grant of bail.
4. Learned counsel for the respondent/State opposed the prayer and
prayed for dismissal of the application.
5. Heard learned counsel for parties and perused the record.
6. Considering the submissions and the arguments advanced by
counsel for the parties, without commenting on the merits of the case, hence,
I.A. No.3717/2024 is allowed. Appellant be released on bail on furnishing a
3 CRA-2495-2024
personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with
one solvent surety of the like amount to the satisfaction of the concerned trial
Court, jail sentence of the appellant shall remain suspended till disposal of
this appeal. Appellant is further directed to remain present before the
Registry of this Court on 24.09.2025 and, thereafter, on such subsequent
dates as may be fixed by the Registry.
7. Appellant shall not be a source of embarrassment and harassment to
the complainant in any manner and he shall not move in the vicinity;
otherwise, benefit of bail given today by way of suspension of sentence shall
be withdrawn immediately.
8. I.A.No. 3717/2024 stands disposed of.
9. Copy of this order be sent to the trial Court concerned for
information and necessary compliance.
Certified copy as per rules.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
Prachi
