MAKHAN RAIKWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.4440 of 2023, which is the first application for suspension of sentence and grant of bail moved on behalf of the appellant.

(2.) Present appellant stood convicted under Ss. 363, 366, 376(2)(n) of IPC and under Ss. 3/4, 5L/6 of POCSO Act and sentenced to undergo RI for three years with a fine of Rs.500.00, RI for three years with a fine of Rs.500.00, RI for twenty years with a fine of Rs.500.00, RI for ten years with a fine of Rs.500.00 and RI for twenty years with a fine of Rs.500.00 with default stipulations vide judgment of conviction and order of sentence dtd. 25/1/2023 passed by Additional Sessions Judge, Kurwai, District Vidisha (M.P.) in S.S.T. No.05/2022. Appellant has been in custody since 14/3/2022.

(3.) Appellant is alleged to have abducted the prosecutrix and thereafter committed rape, as a result initially missing report was lodged and then FIR was lodged. Upon completion of investigation, challan was filed. Case was committed for sessions trial. The Sessions Court upon critical evaluation of evidence placed on record has convicted the appellant for the offences and sentenced as aforesaid primarily on the premise that prosecutrix who was minor aged about 16 years and studying in Class 10, was manipulated and abducted. Thereafter, she was sexually abused. The DNA report was positive and MLC also corroborated the allegation of rape. Learned counsel for the appellant while questioning the justifiability of the conviction and sentence, at the first instance, submitted that as a matter of fact the appellant and the prosecutrix solemnized marriage in a temple. Thereafter, they lived like husband and wife. Out of their cohabitation, they were blessed with two children. Prosecutrix and two children are residing at his house. Further, the falsity of allegation of rape is writ large as the prosecutrix as well as mother both have turned hostile and belied the story of prosecution. The appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future. On these grounds, learned counsel prays that execution of the jail sentence of appellant may be suspended during pendency of the present appeal and he may be enlarged on bail.