Madhya Pradesh High Court
Nilesh vs The State Of Madhya Pradesh on 7 March, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-5991-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5991 of 2024
(NILESH Vs THE STATE OF MADHYA PRADESH )
Dated : 07-03-2025
Shri Gopal Singh Baghel- learned counsel and Shri Vikesh Pratap
Singh- learned counsel for the appellant.
Ms. Shweta Yadav- Deputy Advocate General for the
respondent/State.
Heard on I.A. No.11968/2024, which is first application under Section
389 (1) of the Cr.P.C. for suspension of sentence and grant of bail on behalf
of appellant - Nilesh.
The appellant has been convicted by Additional Sessions Judge,
Chaurai, District Chhindwara in Special Case No.06/2022 vide judgment
dated 24.04.2024 for the offences under Sections 363, 366 and 376(2)(n) of
IPC read with Section 5(1)/6 of POCSO Act and sentenced to undergo R.I.
for 5 years with fine of Rs.500/-, R.I. for 10 years with fine of Rs.1000/- and
life imprisonment with fine of Rs.2,000/- respectively with default
stipulations.
The prosecution story found to be proved beyond reasonable doubt is
that in Village Titari, Police Station Chand, District Chhindwara on
20.06.2022 at about 04:00 PM the appellant kidnapped the prosecutrix from
the lawful guardianship of her parents and took her to District Chandrapur
and committed sexual intercourse with her repeatedly without her consent
and will. The prosecutrix was minor at the time of incident. On this finding
2 CRA-5991-2024
the appellant has been convicted and sentenced for the offence, as mentioned
above.
Learned counsel for the appellant submitted that he has been falsely
implicated in the case. The prosecutrix in her statement recorded under
Section 164 of Cr.P.C. has deposed that she went along with the appellant on
her own volition and stay with him in Nagpur for around one month. During
that period physical relationship was also established between them. On
20.07.2022, they married in a temple in Seoni. In her Court statement also
the prosecturix has turned hostile and has not supported the prosecution case.
As per medical report Ex.-P/21 there is no external or internal injuries were
found on the private part of the prosecutrix. The DNA has not been
conducted. The age of the prosecutrix was more than 17 years of age at the
time of incident. The appellant has already suffered more than 1 1/2 years of
incarceration. This appeal is of the year 2024 and there is no possibility of
early hearing of the appeal in near future. He is ready to furnish adequate
surety and shall abide by the directions and conditions, which may be
imposed by this Court. Hence, it is prayed that the application for suspension
of sentence may be allowed.
Learned Deputy Advocate General for the respondent/State has
vehemently opposed the prayer for suspension of sentence and submitted that
looking to the age of the prosecutrix and the nature of allegations made
against the appellant, the application for suspension of sentence deserves to
be dismissed.
Heard learned counsel for both the parties and perused the record.
3 CRA-5991-2024
Considering the totality of the facts and circumstances of the case and
keeping in view the statement of the prosecutrix recorded under Section 164
of Cr.P.C. as well as the Court statement, it appears to be a case of
consensual sexual relationship, therefore, the application for suspension of
sentence deserves to be allowed. Accordingly, I.A. No.11968/2024,
is allowed.
It is directed that substantive jail sentence of appellant - Nilesh shall
remain suspended subject to his 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) with one solvent surety in the like amount to
the satisfaction of concerned trial Court for his appearance before the trial
Court on 28.04.2025 and on all other subsequent dates as may be fixed by
the Court concerned in this behalf.
List the matter for final hearing in due course.
Certified copy as per rules.
(SUSHRUT ARVIND DHARMADHIKARI) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
AL
