Shiv Narayan @ Rajababu vs State Of Madhya Pradesh And Others

Heard on the question of admission.

Appeal is admitted for final hearing.

Learned counsel for the parties are also heard on I.A. No.27881/2025, which is an application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant - Shiv Narayan @ Rajababu.

The trial Court has convicted the appellant under Section 5(l)(ii)/6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo 20 years of R.I. with fine of Rs.2,000/- with default stipulation, vide judgment of conviction and order of sentence dated 10.11.2025passed by Special Judge (POCSO), Tyonthar, District-Rewa in Special Case No.4102188/2021.

Learned counsel for the appellant submits that at the time of the incident, prosecutrix was aged about 15 years and 8 months as has been found by the trial Court. In her statement before the Court, she categorically stated that she had herself gone with the appellant and performed marriage with appellant voluntarily and no force or pressure has been exerted upon her. She has given birth to child of the appellant. It is a case of consent between the parties and the conviction is based only for the reason that she was minor at the time of incident. Now, the prosecutrix has attained majority and has given birth to second child of the appellant. There is no one in the family to look after her. Appeal is of the year 2025 and there is no possibility of its coming up for hearing. On such grounds, learned counsel for the appellant prays for suspension of custodial sentence and grant of bail to the appellant.

The prayer is strenuously opposed by the learned counsel for the respondent.

In view of the fact that the prosecutrix has already married the appellant and has given birth to second child of the appellant and the fact that in her court statement, she categorically stated that she had herself gone with the appellant and performed marriage with her voluntarily, we deem it fit to suspended the sentence of the appellant during pendency of this appeal.

Consequently, I.A. No. 27881/2025 is allowed. It is directed that subject to depositing the fine amount, if already not deposited, appellant -Shiv Narayan @ Rajababu shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 07.09.2026, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List the matter for final hearing in due course.

In view of the listing of the case, I.A. Nos. 12992/2026 and 12993/2026 are closed.

C.c. as per rules.