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Judgment
Heard on I.A.No.7902/2020 which is second application under section 389(1) of Cr.P.C. filed by the appellant / accused for suspension of his jail sentence awarded by the Court of Special Judge (POCSO) Act, Shahdol, District Shahdol in Special case no.88/15 vide its judgment dated 11.11.2016 convicting the appellant / accused under sections 363, 366 (a), 376 (2) (n) of the IPC and sentencing him to undergo RI for
2 years along with fine of Rs.1000/-, RI for 3 years along with fine of Rs.1000/-, RI for 10 years along with fine of Rs.1000/- and further convicting under Section 3 / 4 of the POCSO Act and sentencing him to undergo RI for 10 years along with fine of Rs.1000/-, respectively, with default stipulation as mentioned in the impugned judgment.
It is submitted that the appellant is in custody since 11.11.2016 and the prosecutrix has remained with the appellant for 9 months without any
resistance. So far as the age of the prosecutrix is concerned, as per the medical expert, she was above 17 years. In such circumstances, her age may be more than 18 years at the time of incident. So far as other evidences are concerned that are also not a nature of conclusive proof and there is reasonable possibility to get benefit of doubt. In the circumstances, if the sentence is not suspended, his right to appeal will be futile.
Learned PL has opposed the application and prayed for its rejection. Having considered the arguments advanced by learned counsel for the parties and looking to the other facts and circumstances of the case and the evidence available on record, this application is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant Dharampal Singh Gond shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Trial court on 25.11.2020 and thereafter on all other such subsequent dates as may be fixed by that Court in this regard.
List the case for final hearing in due course as per listing policy.
C.C. as per rules.