Deepak vs The State Of Madhya Pradesh
2026 Latest Caselaw 1959 MP

Madhya Pradesh High Court

Deepak vs The State Of Madhya Pradesh on 24 February, 2026

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                             1                               CRA-9644-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                     CRA No. 9644 of 2025
                                               (DEEPAK Vs THE STATE OF MADHYA PRADESH )



                           Dated : 24-02-2026
                                 Shri Santosh Kumar Meena - Advocate for the appellant.

                                 Shri H.S.Rathore - Govt. Advocate for the respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Further heard on I.A. No.14077/2025 which is first application under

Section 389(1) of Code of Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of bail filed on behalf of appellant- Deepak.

2. The appellant has been convicted vide judgment of conviction and order of sentence dated 18.09.2025 passed by the Special Judge(POCSO), Shajapur in S.C. No. 08.2024 as under:

                           Section              Sentence           Fine              Default
                                                                                    Stipulation
                           363 IPC              R.I. for 05 years Rs.1,000/-        02 months
                           366 IPC              R.I. for 05 years Rs.1,000/-        02 months
                           376(2)(n) IPC        R.I. for 10 years Rs.1,000/-        02 months
                                                R.I. for 20 years Rs. 1,000/-
                           376(3) IPC                                               02 months
                                                R.I. for 10 years Rs. 1,000/-
                           376(2)(f) IPC                                            02 months
                           5L/6 POCSO Act R.I. for 20 years Rs. 1,000/-             02 months
                           5N/6 POCSO Act R.I. for 20 years Rs. 1,000/-             02 months
                           4(2) POCSO Act R.I. for 20 years Rs. 1,000/-             02 months
                           5(J)(ii)/6 POCSO R.I. for 20 years
                                                              Rs. 1,000/-           02 months
                           Act





                                                                 2                          CRA-9644-2025

3. As per prosecution case, the appellant had abducted the minor girl and exploited her physically.

4. Counsel for the appellant argued that the prosecutrix has not supported the prosecution case. So far as the age of prosecutrix is concerned, the same as per scholar register is 15 years 11 months. However, the prosecution has not established the source of recording of the age of prosecutrix in the scholar register. In support of his submission, learned counsel for the appellant has placed reliance on the judgment passed in the case of Tejubai V/s The State of Madhya Pradesh reported in 2025 (1) MPLJ (Crl.) 75. Learned counsel further argued that this is an appeal of 2025, therefore, final hearing of this appeal is not possible in near future. In such

circumstances, his remaining jail sentence may be suspended.

5. Counsel for the respondent/State opposes the aforesaid application by arguing that the DNA report is positive.

6. After hearing learned counsel for the parties, taking into consideration the testimony of the prosecutrix and also the fact that the prosecution has not established the source of recording of age of prosecutrix in the scholar register, the conviction of appellant cannot be sustained only on the basis of DNA report.

7. In view of the above, we find prima facie case to grant suspension of jail sentence to the appellant.

8. Accordingly, I.A. No.14077/2025, is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant Deepak in the sum of Rs.50,000/- (Rupees Fifty Thousands Only)

3 CRA-9644-2025 with one solvent surety in the like amount to the satisfaction of the learned trial Court and on deposit of fine amount (if not already deposited), the execution of custodial part of the jail sentence shall remain suspended, till the final disposal of this appeal. The appellant after being enlarged on bail, shall mark his presence before the Registry of this Court on 17.03.2026 and on all such subsequent dates as may be fixed by the Registry of this Court in this regard.

List the appeal for final hearing in due course.

Certified copy, as per rules.

                                (VIJAY KUMAR SHUKLA)                                 (ALOK AWASTHI)
                                        JUDGE                                            JUDGE
                           sh