BHARAT PRAJAPATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.2361/2023 which is the first application for suspension of sentence and grant of bail to the appellant herein. The appellant has been tried and convicted for the offence punishable under Sec. 363 and 366 (A) of IPC and sentenced to undergo five years' RI with a fine of Rs.10,000.00 and under Sec. 376 (3) of IPC read with Sec. 3/4 (2) of the POCSO Act and sentenced to suffer life imprisonment with a fine of Rs.10,000.00, with default stipulation.

(2.) The appellant has been convicted as hereinabove and inter-alia sentenced to suffer life imprisonment for the offence of committing rape with the minor. The minor prosecutrix has turned completely hostile before the trial court and does not even support the case of the prosecution with regard to even knowing the appellant herein. However, learned counsel for the State while opposing the application for grant of bail has submitted that the DNA report is a perfect match with that of the appellant, which shows that the appellant had indulged in sexual intercourse with the prosecutrix. He further submits that the school certificate of admission shows that she was a minor on the date of on which she was taken away by the appellant herein and also she was recovered from the house of the appellant and, therefore, the trial court's order does not require any reconsideration.

(3.) Learned counsel for the appellant, in his rejoinder arguments has submitted that, at the most, the evidence on record goes to show that there was a relationship between the appellant and the prosecutrix and that they had physical relationship, but however he states that the same was consensual in nature and the age of the prosecutrix has not been proved before the learned trial court and even the father of the prosecutrix has turned hostile and the Principal of the school has stated that besides the admission register showing her age, there is no other document that has been produced at the time of admitting the prosecutrix in the school.