Summer Singh Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 16351 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5886 of 2021 (SUMMER SINGH YADAV Vs THE STATE OF MADHYA PRADESH)

Dated : 09-12-2022 Shri Rakesh Chourasiya, Advocate for the State.

Shri Subodh Tamrakar, Panel Lawyer for the State. Shri Gopal Jaiswal, Advocate for the complainant.

This criminal appeal assails the judgment dated 23.09.2021 passed in SPL Case No5/2019 by the First Additional Sessions Judge, Naugaon, District

Chhatarpur (M.P.) whereby appellant has been convicted u/S.8 of the POCSO Act, 2012 and sentenced to undergo R.I. for 4 years with fine of Rs.3,000/- with default stipulations.

Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for suspension of sentence is made out.

Appellant has moved an application vide I.A. No.17876/2021 seeking suspension of sentence primarily on the ground that appellant and victim/prosecutrix aged about 15 years and 6 months at the time of incident,

have entered into compromise.

It is seen from the record that appellant has been convicted under the provisions of POCSO Act, 2012. Offences under POCSO Act are not compoundable, and therefore, an attempt on the part of appellant of entering into a compromise and counsel for victim having no objection obviously demonstrates that compromise has been procured and thus cannot be accepted by this Court.

In view of above, I.A. No.17876/2021 stands dismissed. Signature Not Verified Signed by: SATEESH KUMAR SEN Signing time: 12/9/2022 6:56:42 PM

C.C. as per rules.

(SHEEL NAGU) JUDGE

Sateesh

Signature Not Verified Signed by: SATEESH KUMAR SEN Signing time: 12/9/2022 6:56:42 PM