Deepak vs The State Of Madhya Pradesh
2021 Latest Caselaw 3376 MP

      :1:                          Cr.A. No. 112-2019


 THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                          Cr.A. No. 112-2019
        (Deepak s/o Ranchhod Sutar vs. State of Madhya Pradesh)

Indore, Dated: 16.7.2021
           Heard through Video Conferencing.

            Shri Nilesh Dave, learned counsel for the appellant.
            Shri D.S. Chouhan, learned Panel Lawyer for the
respondent/State.

Heard on I.A.No.1078/2021, which is the first application

under Section 389 (1) of the Cr.P.C. for suspension of jail sentence

of the appellant.

The appellant has been convicted by the Special Judge

(SC & ST Act) Mandsaur, District-Mandsaur vide judgment dated

24.11.2018 passed in S.T. No.71/2017 and sentenced him as

under:-

    Conviction                              Sentence
 Section        Act      Imprisonment          Fine      Imprisonment

                                                          in lieu of fine
  363           IPC       3 Years RI          5000/-      6 months RI
  366           IPC       5 Years RI          5000/-      6 months RI
 376 (2)        IPC       10 Years RI        20,000/-       1 year RI
   (N)

Counsel for the appellant has submitted that the

prosecutirx was a consenting party and no valid document

regarding the date of birth of the prosecutrix has been produced

before the trial court. Counsel has further submitted that appeal is

not likely to be heard finally at an early date and as such, counsel

has prayed that the application for suspension of jail sentence of

the appellant be allowed.

:2: Cr.A. No. 112-2019

The prayer for suspension of sentence is opposed by the

counsel for the respondent/State.

On considering the aforesaid submissions, on perusal of

the record, this Court finds that the age of the prosecutrix P.W.5 is

mentioned by the learned Judge of the trial court and in her

deposition as 14 years, whereas admittedly the age of the appellant

was 31 years at the time of the incident and apart from that there is

a categorical finding by the learned Judge of the trial court

regarding the age of the prosecutrix that she was 14 years seven

months and two days old at the time of the incident. In such

circumstances, considering her deposition wherein she has stated

that the appellant has threatened her that if she did not go with him

he would kill her and would also commit suicide. In view of the

same, no case for suspension of jail sentence is made out.

Accordingly, I.A.No.1078/2021 stands dismissed as being sans

merit.

(Subodh Abhyankar) Judge

moni

Digitally signed by MONI RAJU Date: 2021.07.22 10:34:04 +05'30'