Rahul Sharma Alias Malsingh Korku vs State Of Madhya Pradesh

Heard on I.A. No. 9896/2020, which is third application for suspension of sentence and grant of bail to the appellant. Both the previous applications were dismissed as withdrawn.

The appellant has been convicted by the trial Court under Section 366 of the IPC and Section 5(L)(6) of the Protection of Children From Sexual Offences Act and sentenced to R.I. for 5 years with fine of Rs. 500/- and R.I. for 14 years with fine of Rs. 500/- respectively with default stipulations.

Learned counsel for the appellant submits that the prosecutrix was a consenting party. Although the age of the prosecutrix was 16 years at the time of the incident, however, all the important witnesses such as parents of the prosecutrix and prosecutrix herself turned hostile before the trial Court. They did not identify the appellant as culprit. They stated that at the time of the incident, the age of the prosecutrix was about 20 years. In view of the aforesaid, prayer is made to suspend the jail sentence of the appellant and to release him on bail.

Learned Panel Lawyer has opposed the prayer of the appellant for suspension of sentence and grant of bail.

Learned counsel for the objector has not opposed the prayer for suspension of sentence.

Considering the overall facts and circumstances of the case and the statements of the prosecutrix and her parents, we deem it appropriate to suspend the remaining jail sentence of the appellant and to release him on bail.

Accordingly, without commenting on the merits of the case, I.A. No. 9896/2020 is allowed. It is directed that remaining jail sentence of appellant Rahul Sharma @ Mal Singh Korku Aadiwasi shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) within one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the trial Court concerned firstly on 11.2.2021 and on such other dates as may be fixed in this regard during the pendency of this appeal.

The trial Court shall ensure the deposit of fine amount before the release of the appellant.

List for final hearing in due course.

Certified copy as per rules.