Pintu @ Rakesh vs State of M.P

Heard on I.A. No. 3119/2020 which is the first application under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail filed on

behalf of the sole appellant- Pintu @ Rakesh.

The appellant has been convicted for offence punishable under Section 363 of I.P.C. and Section 5/6 of Protection of Children From Sexual Offences

Act, 2012 and sentenced to undergo 10 years R.I., 3 Year R.I. with fine of Rs 2,000/- and 1000/- respectively vide judgment dated 25.01.2020 passed

by Special Judge, (POCSO Act, 2012) / Third Additional Sessions Judge, Rajgarh to the court of First Additional Sessions Judge, Rajgarh in S.T.No.

104/2018.

Learned counsel for the appellant has submitted that appellant was on bail during the trial and he did not misuse the liberty so granted to him. It is

further submitted that at the time of incident prosecutrix was major aged about 18 years. The prosecutrix, her father (PW-2) and sister-in-law (PW-6)

have not supported the prosecution story and turned hostile. There are fair chances of success of this appeal and there is no likelihood of hearing of

the appeal in near future. If the remaining custodial sentence of the appellant is not suspended then appeal filed by the appellant may turn infructuous.

Under these circumstances, she prays for suspension of jail sentence and for grant of bail to the appellant.

Learned Panel Lawyer for the respondent/State has opposed the application by contending that in the court statement the prosecutrix deposed that at

present she is 18 years, which clearly indicates that at the time of incident i.e. 17.06.2016 she was minor, thus her consent has no value and no

question has been put up in her cross-examination regarding her age. It is further submitted that according to the prosecution case, the appellant

committed rape with the prosecutrix due to which she got pregnant. The DNA test report justified that the appellant and prosecutrix are the biological

father and mother of the aforesaid child, which clearly indicates that the appellant made physical relation with the prosecutrix, therefore, the trial court

has convicted the appellant for the aforesaid offence. Hence, he prays for rejection of the application.

After considering the arguments advanced by the learned counsel for the parties and looking to the DNA report, this court is of the view that no case

is made out for suspension of the custodial sentence and grant of bail. Accordingly, I.A. No. 3119/2020 is hereby dismissed.

C.C. as per Rules.