Nepalsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8234 MP

                                                                              1                              CRA-2588-2021
                                                    The High Court Of Madhya Pradesh
                                                             CRA No. 2588 of 2021

(NEPALSINGH Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 04-12-2021 Shri V. Rathi, learned counsel for the appellant.

Shri P. Choudhary, Panel Lawyer for State. Shri A. Vyas, learned counsel for objector. Heard on the question of admission.

Admit.

Also heard on I.A.No.27047/2021, which is an application for suspension of jail sentence of the appellant who has been convicted by Special Judge (POCSO) Act, vide judgment dt6.3.2021, for commission of offence punishable under Section 363 of IPC sentenced to undergo 5 years RI with fine of Rs.2000/-, under Section 366 of IPC sentenced to undergo 5 years RI with fine of Rs.2000/-, under Section 376(2)(n) of IPC sentenced to undergo 10 years RI with fine of Rs.5000/-, under Section 3(A)/4 of POCSO Act sentenced to undergo 7 years RI with fine of Rs.5000/- and under Section 5(L)/6 of POCSO Act sentenced to undergo 10 years RI with fine of

Rs.5000/-, with default stipulation on each count.

Learned counsel for the appellant submits that the prosecutrix has resided with the appellant for a period of two years and had also gone out from her hometown with the appellant wherein out of their relationship boy was born. Although the trial court has held the prosecutrix to be more than 16 years but less than 18 years. However, the appellant has disputed her age to be less than 18 years has no cogent evidence has been proved on record. Scholar register has been filed which itself not proved the age of the prosecutrix. With the aforesaid, it is prayed that application for suspension of sentence be allowed.

O n the other hand, learned Panel Lawyer for the State opposed the application for suspension of sentence and prayed for its rejection.

Learned counsel for the objector has no objection if the appellant's Signature Not VerifiedDigitally signed by SAN SHAILESH MAHADEV SUKHDEVE Date: 2021.12.04 16:07:41 IST 2 CRA-2588-2021 application for suspension of jail sentence is allowed.

On due consideration of the facts and circumstances of the case, without expressing any opinion on merits of the case, I.A.No.27047 of 2021 is allowed and it is directed that on depositing the fine amount (if not already paid) and on furnishing a personal bond to the tune of Rs.50,000/- with one

solvent surety in the like amount to the 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