Kamo @ Kamdas vs The State Of Madhya Pradesh
2021 Latest Caselaw 8233 MP

                                                                                 1                            CRA-2284-2021
                                                    The High Court Of Madhya Pradesh
                                                             CRA No. 2284 of 2021

(KAMO @ KAMDAS Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 04-12-2021 Shri D.S. Rathore, learned counsel for the appellant.

Shri P. Choudhary, Panel Lawyer for State. Heard on the question of admission.

Admit.

Also heard on I.A.No.7959/2021, which is an application for

suspension of jail sentence of the appellant who has been convicted by the Special Judge, (POCSO) Act, vide judgment dt.6.3.2021 for commission of offence punishable under Section 376(2)(I) of IPC, sentenced to undergo 10 years RI with fine of Rs.500, under Section 363 and 366 of IPC, sentenced to undergo 7 years RI with fine of Rs.500/- and under Section 5(J)(2)/6 of POCSO Act, sentenced to undergo 10 years RI with fine of Rs.500/- with default stipulation on each count.

Learned counsel for the appellant has drawn the court's attention to the deposition of the prosecutrix and to the fact that her age is also disputed. It is

submitted that so far as the age of the prosecutrix is concerned, although the Court below has held it to be 14 years and 4 months on the date of incident, ie., 11.1.2013. However, the prosecutrix was recovered after 8 months and so far the documents in support of her age is concerned scholar register and mark-sheet have been filed which themselves have not proved the age of the prosecutrix. With the aforesaid, it is prayed that the application for suspension of jail sentence be allowed.

Per contra, learned Panel Lawyer for State has opposed the prayer for suspension of jail sentence and prays for rejection of the application.

On due consideration of the facts and circumstances of the case, I.A.No.7959/2021 is allowed and it is directed that on depositing the fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the Signature Not VerifiedDigitally signed by SAN SHAILESH MAHADEV SUKHDEVE Date: 2021.12.04 16:07:41 IST 2 CRA-2284-2021 satisfaction of the trial court, the substantive jail sentence of the appellant shall remain suspended till the final disposal of the appeal and he shall be released on bail, for his appearance before the Registry of this Court on 27.1.2022 and all other subsequent dates, as may be fixed in this behalf by the Office/Registry.

List for final hearing in due course.

C.c. as per rules.

(SUBODH ABHYANKAR) JUDGE

SS/-

Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SHAILESH
                       MAHADEV
                       SUKHDEVE
                       Date: 2021.12.04
                       16:07:41 IST