Madhya Pradesh High Court
Golu Baba vs The State Of Madhya Pradesh on 20 April, 2018
THE HIGH COURT OF MADHYA PRADESH
CRA-2547-2017
(GOLU BABA Vs THE STATE OF MADHYA PRADESH)
10
Jabalpur, Dated : 20-04-2018
Shri Durgesh Kumar Singrore, learned counsel for the appellant.
Shri D.K. Parouha, learned GA for the respondent/State.
The appellant has been convicted for the offence under Sections 363, 366- A and 376(2) (1)(N) of IPC and under Section 5 of POCSO Act,2012 and sentenced to suffer RI for 10 years and fine of Rs. 500/- with default stipulations.
sh Heard on IA No. 13029/17, which is a first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail to the e ad appellant.
The allegations against the appellant is that he committed rape with the Pr prosecutrix, who is a minor. Learned counsel for the appellant has drawn a the attention of this court to the statement of the prosecutrix, who has hy been examined as PW-1. Her apparent age is shown as 16 years and the ad age of the appellant at the time of incident is 25 years. The statement of the proseuctrix reveals consent.
M Learned counsel for the appellant states that the appellant is a labourer.
of But, for the fact that the prosecutrix was below the age of consent, the case is one of the statutory rape rather than one committed under force or rt coercion.
ou Learned counsel for the State opposed the application for suspension of C sentence being allowed notwithstanding the fact that consent is writ large in the statement of the prosecutrix on the ground that the prosecutrix was h ig not in a position to give consent as she was below the age of majority.
H As there is no possibility of the appeal being heard expeditiously and as consent is writ large and also the statement of the prosecutrix that she and the appellant had got married and on account of the background from which they come, I am inclined to allow IA No. 13029/17 and suspend the remaining part of the jail sentence and direct that the appellant be released on bail on his 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. C.C as per rules.
(ATUL SREEDHARAN) JUDGE Digitally signed by PARMESHWAR GOPE Date: 2018.04.20 17:17:11 +05'30' PG H ig h C ou rt of M ad hy a Pr ad e sh