Lalit vs The State Of Madhya Pradesh
2021 Latest Caselaw 7828 MP

                                                                        1                            CRA-775-2018
                                              The High Court Of Madhya Pradesh
                                                        CRA No. 775 of 2018
                                                           (LALIT Vs THE STATE OF MADHYA PRADESH)

                                       30
                                       Jabalpur, Dated : 25-11-2021
                                              Shri K.S. Rajput, learned counsel for the appellant.
                                              Shri Devendra Shukla, PL for the respondent/State.

Heard o n I.A. No.14206/2020, repeat application u/S.389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Lalit.

The earlier applications (I.A.Nos.1486/2018, 6624/2019, 886/2020) filed by the appellant for suspension of sentence and grant of bail was dismissed as withdrawn vide orders dated 23/7/2018, 19/8/2019 and 2/12/2020 and IA no.2833/2020 filed by the appellant for temporary suspension of sentence and grant of bail was allowed by this Court for a period of one month vide order dated 4/3/2020.

This appeal has been preferred against the judgment dated 15/1/2018 passed by Ist ASJ, Harda in S.S.T. No. 64/2016 whereby learned ASJ found the appellant guilty for the offence punishable under Sections 363, 366 IPC and Section 5(tha)/6 of POCSO Act and sentenced him to undergo R.I. for 03 years with fine of Rs. 500/-, R.I. for 05 years with fine of Rs. 500/- and R.I. for 10 years with fine of Rs. 1000/- respectively with default stipulation.

Learned counsel for the appellant submitted that at the time of incident, prosecutrix was major and went with the appellant on her own will. During pendency of this appeal prosecutrix also solemnized marriage with the appellant. He further submitted that the learned trial Court without appreciating the evidence properly, wrongly convicted the appellant for the aforesaid offence. The appellant is in jail since 4/4/2020. Hence, prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

Learned counsel for the respondent/State opposed the prayer and submitted that the appellant abducted a minor girl aged about 15 years on the pretext of marriage and sexually exploited her so learned trial Court did not commit any mistake in finding the appellant guilty for the aforesaid offence. So, the appellant should not be released on bail.

Looking to the statements of the prosecutrix and her parents and her Signature Not Verified SAN school entry register (Ex.P-12) in which the date of birth of the Digitally signed by MONIKA CHOURASIA Date: 2021.11.25 18:32:56 IST 2 CRA-775-2018 prosecutrix is mentioned as 13/12/2001 which shows that at the time of incident, the prosecutrix was minor. This Court is not inclined to suspend the jail sentence of the appellant. Accordingly, I.A. No.14206/2020 is hereby rejected.

The appeal has already been admitted for final hearing, so it be listed for final hearing in due course.

(RAJEEV KUMAR DUBEY) JUDGE

m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2021.11.25 18:32:56 IST