Santosh Saini vs The State Of Madhya Pradesh
2021 Latest Caselaw 3405 MP

                                            1                              CRA-1575-2020
               The High Court Of Madhya Pradesh
                          CRA-1575-2020
                         (SANTOSH SAINI Vs THE STATE OF MADHYA PRADESH)

    8
    Jabalpur, Dated : 16-07-2021
             Heard through Video Conferencing.
             Shri Kamal Singh Rajput, counsel for the appellant.
             Shri Manoj Kushwaha, Panel Lawyer for the respondent/State.

Heard on I.A.No.5312/2021, which is second application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment dated

30.01.2020 passed by the Special Judge SC/ST (Prevention of Atrocities) Act, 1989, Harda District Harda in Special Session Trial No. 75/2018 for offences punishable under Section 376 of the Indian Penal Code and sentenced to undergo R.I. for 10 years with fine of Rs. 10,000/- and Section 506(2) of the Indian Penal Code and sentenced to undergo R.I. for 1 year and default stipulations. The first application was dismissed on merits vide order dated 23.09.2020.

Learned counsel for the appellant submits that he has been convicted by the trial Court solely on the basis of statement of the prosecutrix. There are so many omissions in the prosecution case and it is not medically supported. Therefore, the substantive jail sentence of the appellant be suspended and he be released on bail.

Learned Panel Lawyer for the respondent/State has vehemently opposed the application.

Considering the testimony of the prosecutrix, the findings recorded by the trial Court and its observation regarding lack of medical evidence as well as the fact that the previous application was rejected on merit, this Court does not find any change in the circumstances so as to take a different view in the matter.

Hence, I.A.No. 5312/2021 stands rejected.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

vidya Digitally signed by SREEVIDYA Date: 2021.07.19 16:29:58 +05'30'