IMRAN KHAN Vs. STATE OF M.P

JUDGEMENT

(1.) Heard on I.A.No.9222/2019, first application under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail on behalf of appellant-Imran Khan.

(2.) Appellant has been convicted under Sections 366 and 376(2)(n) of IPC and sentenced to undergo 3 years RI with fine of Rs.1,000/- and 10 years RI with fine of Rs.4,000/- respectively with default stipulation.

(3.) It is the submission of learned counsel for the appellant that trial Court erred in convicting the appellant and awarding jail sentence. He fairly submits that although medical report indicates that physical intimacy occurred between the couple, but prosecutrix was declared major by the trial Court and from the narration of the story, whereby prosecutrix moved with the appellant from Gwalior to Agra, thereafter to Ajmer and then at Gujrat while carrying mobile at her disposal, it appears to be a matter of consent. Without raising any alarm she continued to live with the appellant for a considerable period of time, then inference is obvious. Total incarceration of one year is anathema to the principles of personal liberty. He undertakes not to move in the vicinity of the complainant and would not be a source of embarrassment/harassment to her in any manner and further undertakes to perform community service including blood donation for the cause of the society.