Rajesh vs State of M.P.

They are heard on I.A. No. 5129/2012, which is an application for suspension of sentence and grant of bail filed on behalf of appellant-Rajesh. The appellant has been convicted for the offence punishable u/s 376 of IPC and section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to suffer imprisonment as mentioned in the impugned judgment. The contention of Learned Counsel for appellant is that even if the statement of prosecutrix is relied upon, she appears to be a consenting party. By inviting our attention to the findings as well as evidence placed on record, it is contended by the Learned Counsel that on record it is proved that the age of the prosecutrix on the date of incident was above 16 years. On these premised submissions, it has been contended by Learned Counsel that learned Trial Court erred in convicting the appellant.

Shri J.M. Sahani, learned Public Prosecutor has argued in support of the impugned judgment.

Looking to the totality of facts and circumstances, the application (I.A.No.5129/2012) is allowed. The execution of jail sentence awarded to appellant shall remain suspended and he shall be released on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand ) with one surety of the like amount to the satisfaction of Trial Court for his appearance before the Registry of this Court on 16.10.2012 and on such further dates as may be fixed by the Registry in this regard. C.C as per rules.