Madhya Pradesh High Court
Banti @ Mithun vs The State Of Madhya Pradesh on 14 December, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 14 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 15147 of 2023
BETWEEN:-
KAMLESH S/O LATE SHRI RAMLAL, AGED ABOUT 22
YEARS, OCCUPATION: FARMER R/O VILLAGE PAPAIYA
TEHSIL MEHIDPUR DISTT. UJJAIN (MADHYA PRADESH)
.....APPELLANT
(SHRI LUCKY JAIN, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
TEJAJI NAGAR DISTT. INDORE (MADHYA
PRADESH)
2. VICTIM X THROUGH P.S. TEJAJI NAGAR, INDORE
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI VIRAJ GODHA, PANEL LAWYER FOR STATE)
CRIMINAL APPEAL No. 13407 of 2023
BETWEEN:-
SMT. REKHA W/O LATE SHRI NATWAR JI SOLANKI,
AGED ABOUT 35 YEARS, OCCUPATION: HOUSEWIFE R/O
VIRAT NAGAR NEAR WATER TANK MUSAKHEDI DISTT.
INDORE P.S. AZAD NAGAR DISTT. INDORE (MADHYA
PRADESH)
.....APPELLANT
(SHRI YOGESH KUMAR GUPTA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 15-12-2023
18:31:40
2
TEJAJI NAGAR, DIST. INDORE (MADHYA
PRADESH)
2. PROSECUTRIX X THROUGH STATION HOUSE
OFFICER POLICE STATION TEJAJI NAGAR, DIST.
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI VIRAJ GODHA, PANEL LAWYER)
CRIMINAL APPEAL No. 14846 of 2023
BETWEEN:-
BANTI @ MITHUN S/O HARIGIRI GOSWAMI, AGED
ABOUT 29 YEARS, OCCUPATION: LABOURER AAGROD,
P.S. TONKKHURD DISTT. DEWAS (MADHYA PRADESH)
.....APPELLANT
(SHRI VISHAL SHARMA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
TEJAJI NAGAR, DISTRICT INDORE (MADHYA
PRADESH)
2. VICTIM X THROUGH P.S. TEJAJI NAGAR DIST.
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI VIRAJ GODHA, PANEL LAWYER)
These appeals coming on for orders this day, th e Court passed the
following:
ORDER
Heard with the aid of case diary.
All are first appeals filed under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act") against the orders dated 28.11.2023, 24.08.2023 and 23.11.2023 passed by the Special Judge, SC/ST Act, Indore, whereby the application filed by the Signature Not Verified Signed by: GEETA PRAMOD Signing time: 15-12-2023 18:31:40 3 appellants under Section 439 of Cr.P.C. has been dismissed in connection with FIR/Crime No.336/2023 dated (not mentioned) registered at Police Station - Tejaji Nagar, District - Indore for commission of offence punishable under Sections 363, 366, 370, 420, 467, 468, 471 and 34 of the IPC alongwith Sections 3(2)(v) and 3(2)(va) of the SC/ST Act.
2. Prosecution story, in brief is that at the time of the incident, the prosecutrix was aged around 16 years and 08 months. She belongs to Scheduled Castes community. There was friendship between the prosecutrix and co-accused Payal. On 31.05.2023, Payal took the prosecutrix alongwith her with the consent of her father to visit different places and told him that they will return by evening. Thereafter, co-accused persons Payal, her mother Rekha Solanki, her brother Mithun Dodawe and appellant Banti @ Mithun and others in furtherance of their common intention got the prosecutrix married to appellant Kamlesh in exchange for a sum of Rs.2,00,000/-. The accused persons got the marriage notarized by forging affidavit by making fake signatures, using counterfeited notary seal and changing the name of the prosecutrix. Thereafter, the accused persons left the prosecutrix with appellant Kamlesh and other accused persons had left from there. The police had recovered the prosecutrix on 16.07.2023 from Banbana Phata, Nagda, District Ujjain.
3. Learned counsel for the appellants/accused persons submit that the appellants have not committed the offence and they have falsely been implicated in the case. The prosecutrix went missing on 31.05.2023 but the missing report was lodged by father of prosecutrix belatedly on 23.06.2023, without any plausible explanation which creates doubt in the case of prosecution. In the recovery memo, it has not been mentioned that from whose possession, the prosecutrix was recovered. It creates high doubt in the prosecution story. Case Signature Not Verified Signed by: GEETA PRAMOD Signing time: 15-12-2023 18:31:40 4 diary statement of brother of appellant Kamlesh has not been recorded by the police, while he is a material witness. An FIR was lodged against unknown persons. Therefore, indulgence of the accused persons is also doubtful.
4. Learned counsel for the appellant - Rekha has also submitted that the appellant is suffering from blood cancer and she is admitted in the M.Y. Hospital, Indore by the jail authority. It is further submitted by learned counsel for the appellants that appellants - Kamlesh and Smt. Rekha are in custody since 20.07.2023 and 19.07.2023 and appellant - Banti @ Mithun S/o Harigiri Goswami is in custody since 03.09.2023. After completion of investigation, charge-sheet has been filed. Appellants have no criminal antecedents. Trial will take considerable long time for its disposal, therefore, it is prayed that the appellants be released on bail.
5. On the other hand, learned counsel for the respondent/State has opposed the prayer and submits that the prosecutrix is minor (below 17 years of age). After she went missing, her parents were indulged to search her, because of which the missing person report was lodged belatedly. The FIR was lodged by father of the prosecutrix on 23.06.2023 against unknown persons. Thereafter, when the prosecutrix was recovered and from her case diary statement and investigation, it appeared that the appellants and other co-accused persons committed the offence. Co-accused Payal is still absconding therefore, appellants are not entitled for bail.
6. Having considered the rival submissions and after perusal of the case-diary so also considering the facts and circumstances of the case, at this stage, this Court is of the view that it is not a fit case to grant bail to the appellants. Resultantly, impugned orders dated 28.11.2023, 24.08.2023 and Signature Not Verified Signed by: GEETA PRAMOD Signing time: 15-12-2023 18:31:40 5 23.11.2023 are affirmed and the present appeals are hereby dismissed.
(PRAKASH CHANDRA GUPTA) JUDGE gp Signature Not Verified Signed by: GEETA PRAMOD Signing time: 15-12-2023 18:31:40