Mohan Kol vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first application I.A. No.17357/2019 filed under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

Appellant stands convicted for the offence under Sections 450 and 376(2)(L) of the I.P.C. and Section 5(k)/6 of the Protection of Children from

Sexual Offences Act and has been sentenced to undergo RI for 5 years with fine of Rs.1000/-, R.I. for 10 years with fine of Rs.15,000/- respectively,

with default stipulations.

Having heard learned counsel of both the parties and perused the statement of mother of prosecutrix. The prosecutrix was mentally retarded and

dumb; therefore, her statement could not be recorded before the trial Court. At the time of incident, the children were present in the room and they

categorically stated that the appellant took the prosecutrix in the lap inside the room and locked the room from inside. When they complained this fact

to their relatives, they came on the spot, opened the door and found the prosecutrix lying down without clothes on Thakhat and appellant was there

with clothes.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. It is reflected from the statement of the mother of

the prosecutrix that the prosecutrix could not wear the clothes by herself. Another person helped to put on the clothes of the prosecutrix. The doctor

found the hymen intact and in the vaginal smear no spermatozoa was found.

It is not the case of rape. Learned trial Court has not properly appreciated the evidence.

Perused the judgment. The appellant was arrested on 23.06.2016 since then he is in jail and he has already undergone more than four years in

custody. Perused the statement of Dr.Gunjan Goswami (PW-20) and Dr.Shama Vishwakarma (PW-21), who examined the private parts of the

prosecutrix, found the hymen intact and prepared vaginal smear slide and that slide was sent to FSL for examination. Ex.P/20 is the FSL report. No

spermatozoa was found in the vaginal slide of the prosecutrix.

Considering all these evidence and looking to the fact that this appeal would take considerable time for its disposal and also considering the present

situation of widespread of Novel Corona Virus, without expressing any opinion on the merits of the case, this Court is inclined to suspend the further

custodial awarded sentence of the appellant till final disposal of the appeal. Hence, I.A. No.17357/2019 is allowed.

It is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty

Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the trial Court on 07.01.2021

and all other subsequent dates, as may be fixed by the trial Court in this regard, the remaining part of the substantive jail sentence imposed upon the

appellant Mohan Kol shall remain suspended and he shall be released on bail.

It is further directed that if the appellant is found indulged in any criminal activity during suspension of his jail sentence, the bail granted in this case

shall stand cancelled.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona

Virus, before and after releasing the appellant.

Let the appeal be listed for final hearing in due course.

Certified copy as per rules.