Madhya Pradesh High Court
Basant @ Babu Kushwaha vs State Of Madhya Pradesh on 12 March, 2025
1 CRA-848-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 848 of 2022
(BASANT @ BABU KUSHWAHA Vs STATE OF MADHYA PRADESH )
Dated : 12-03-2025
Ms. Renu Gupta - Advocate for the appellant.
Shri K.S. Baghel - Government Advocate for the respondent/State.
Heard on I.A. No.30906/2024 , which is third application for
suspension of sentence and grant of bail filed on behalf of appellant arising
out of judgment dated 30.12.2021 delivered in Sessions Trial Number
2700088/2016 by Seventh Additional Sessions Judge, Katni.
The earlier two applications have been withdrawn and not decided on
merit.
The appellant has been convicted under Sections 366, 376, 302 and
201 of IPC and sentence to undergo R.I. for 10 years with fine of Rs.1,000/-,
R.I. for 10 years with fine of Rs.1,000/-, Life imprisonment with fine of
Rs.5,000/- and R.I. for 7 years with fine of Rs. 1,000/- respectively with
default stipulations.
Learned counsel for the appellant submits that as per prosecution
version, the appellant and the deceased were in romantic relationship and the
deceased was found dead in isolated place and later it was found that she has
suffered homicidal death due to strangulation. Upon FSL examination, she
was found to be having been sexually assaulted also. The present appellant
has been roped in on the basis of seizure of sim card of the deceased from
the possession of the present appellant and also the hairs found in the fist of
2 CRA-848-2022
dead body matching with in physical characteristic with hairs of the present
appellant and DNA found in vaginal slide of the deceased having matched
with the sample of the present appellant.
It is contended by learned counsel for the appellant that the hair which
might be uprooted at the time of struggle by the deceased were never sent for
DNA examination. Those hairs must be carrying roots with them as is also
evident by perusal of the FSL report Ex.P/51. The hairs were only sent for
physical examination to FSL lab and not subjected to DNA examination. So
far as matching of DNA in the vaginal slide is concerned, it is argued that the
blood sample was twice taken over from the present appellant. The first
sample failed and thereafter sample was taken for second time which casts
doubt over the DNA report and further that even as per the prosecution there
was romantic relationship between the deceased and the appellant and
matching of such DNA would not conclusively establish guilt of the present
appellant, which would be debatable. So far as recovery of sim of the
deceased from the present appellant is concerned, as the prosecution itself
has come out with the version that the present appellant had been in romantic
relationship with the victim, even if the recovery is treated to be proved then
also recovery of sim in such circumstance would not be some extraordinary
circumstance nailing guilt of the present appellant. Thus, it is contended that
the chain of circumstances against the appellant is not completed. It is
further argued that the deceased went missing from her home and in presence
of her father, which has not been properly explained by the prosecution. The
victim and accused belonged to different communities.
3 CRA-848-2022
The learned counsel for State on his part has vehemently opposed the
application for suspension of sentence on the basis of written objection.
Considering the aforesaid, but without any conclusive opinion on the
merits of the case, the application for suspension of sentence is allowed.
Accordingly, I.A. No.30906/2024 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant is hereby suspended and it is directed
that appellant Basant @ Babu be released on bail on his furnishing personal
bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one solvent
surety of the like amount to the satisfaction of the trial Court with a further
direction to appear before the trial Court, concerned firstly on 20.05.2025
and also on such further dates as may be fixed by the concerned trial Court in
this regard during the pendency of this appeal.
Certified copy as per rules.
(VIVEK JAIN) (ASHISH SHROTI)
JUDGE JUDGE
RC
