Lakhan vs The State Of Madhya Pradesh
2021 Latest Caselaw 4131 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                         Cr.A. No.7833/2018
               (Lakhan Vs. The State of Madhya Pradesh)
                                                                           -1-

Indore, dated 10/08/2021
      Heard through Video Conferencing.

      Shri Sharmila Sharma, learned counsel for the appellant.

      Ms. Mamta Shandilya, learned Government Advocate for the
respondent / State.

Heard on I.A. No.14621/2021, which is first application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence on behalf of the appellant -Lakhan.

The appellant suffered conviction and sentence as under:-

         Conviction                           Sentence
  Section    Act         Imprisonment       Fine         Imprisonment in
                                            Amount       lieu of fine

   363       IPC         7 Years            1000/-       6 months
  376(2)(I) IPC          Life Imprisonment 1000/-        6 Months

      Learned      counsel   for   the   applicant/appellant   submits     that

applicant/appellant is an innocent person and he has been falsely implicated in this offence due to enmity of payment of money. There are lot of material contradictions and omissions in the statements of witnesses and on that count, the impugned judgment is not sustainable. The appellant is in custody since February, 2016 and conclusion of trial will take a sufficient long time, under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned government advocate for the respondent/State has strongly opposed the prayer for suspension of execution of jail sentence. She submits that in her reply, sufficient evidence is available to establish the guilt of the appellant and on the basis of the cogent and HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.A. No.7833/2018 (Lakhan Vs. The State of Madhya Pradesh)

reliable evidence, the appellant was properly convicted and sentenced by the trial court, hence, no case for suspension of execution of jail sentence is made out. She prays for dismissal of the application for suspension of sentence.

After perusal of the judgment of the trial court, it is revealed that the victim of rape was only 4 years old innocent girl and therefore, her non-examination before the trial court is not fatal for the prosecution. Pemal PW-1, mother of the victim was eye witness of the incident and there is no material contradiction and omissions in her statements with the earlier statement. Kalibai PW-3 and Bharat PW-2 also supported the statements of Pemal Bai. On the basis of the evidence of these witnesses, it has been established that victim and her family came in the said locality only before 10 days of the incident and, therefore, victim and her family members have no motive of false implication of the appellant. The appellant did not examine any independent witness before the trial court in support of his contention. He has stated nothing in accused statements regarding the said defence. The prosecution is well supported with the evidence available on record.

On due consideration of the totality of facts and circumstances of the case and material available on record, without commenting upon the merits of the case, we are not inclined to allow the application for suspension of jail sentence. Accordingly, I.A. No.14621/2021 is hereby dismissed.

C.C. as per rules.

                        (Sujoy Paul)                             (Anil Verma)
                          Judge                                    Judge
N.R.

Digitally signed by
NARENDRA KUMAR
RAIPURIA
Date: 2021.08.12
19:34:17 +05'30'