Vishnu vs The State Of Madhya Pradesh
2021 Latest Caselaw 4133 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                          Cr.A. No.954/2021
              (Vishnu Vs. The State of Madhya Pradesh)
                                                                         -1-

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

      Shri Surendra Kumar Gupta, learned counsel for the appellant.

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

Heard on I.A. No.5578/2021, which is first application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence on behalf of the appellant - Vishnu.

The appellant suffered conviction and sentence as under:-

      Conviction                           Sentence
 Section    Act        Imprisonment       Fine If      Imprisonment in
                                         deposited     lieu of fine

 5(N) r/w POCSO        12 year's R.I.   No deposited 4 Months R.I.
 6                     +     fine of
                       Rs.3000/-

Learned counsel for the applicant/appellant submits that appellant is an innocent person and has been falsely implicated in this case. The impugned judgment passed by the trial court is contrary to the law and facts on record. The appellant was not in jail during trial and he is permanent resident of concerned district, 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 opposes the application for suspension of execution of jail sentence and prays for its rejection. He submits that prosecutrix was minor at the time of incident and prosecution has HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.A. No.954/2021 (Vishnu Vs. The State of Madhya Pradesh)

duly proved her age as per the guidelines issued by the Apex Court in the case of Jarnail Singh vs State Of Haryana, reported in 2013 (7) SCC 263 and under Rule 94 of The Juvenile Justice (Care and Protection of Children) Rules, 2007. In FSL report, human sperms have been found and F.I.R. is also delayed by 2 days but the delay has been properly explained by the prosecution witnesses. The extra judicial confession of the accused is also on record, hence, no case for suspension of execution of jail sentence of the appellant is made out .

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, we find that prosecutrix's age was duly proved by the prosecution on the basis of cogent, ocular and documentary evidence. The prosecutrix PW-1 has categorically deposed in her statements that her brother-in-law (Jeeja), the present applicant, has committed rape upon her. Her testimony is well supported by Mohan Lal PW-2; Pushpabai PW-3 and other prosecution witnesses, hence, we are of the opinion that no case is made out for suspension of execution of jail sentence of the appellant. Accordingly, I.A. No.5578/2021 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
19:33:40 +05'30'