Ranvijay Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 8430 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                               CRA No. 657 of 2016
                     (RANVIJAY JATAV Vs THE STATE OF MADHYA PRADESH)

Dated : 24-06-2022
       Shri Ashfaq Khan on behalf of Shri Vivek Kumar Vyas, learned counsel

for the appellant.
       Shri Kaushlendra Singh Tomar, learned Public Prosecutor for the
respondent/State.

I.A.No.4190/2022 is an application under Section 389 of Cr.P.C. for suspension of sentence to appellant-Ranvijay Jatav.

After arguing for awhile on various grounds including medical condition of appellant, learned counsel for the appellant seeks permission to withdraw this application.

Accordingly, I.A.No.4190/2022 stands dismissed as withdrawn. During course of arguments fact which surfaced in the impugned judgment in respect of punishment awarded after conviction recorded by the Trial Court in which appellant Ranvijay Jatav is punished for offence under Section 376D of IPC (Gang Rape) to suffer 12 years imprisonment/jail sentence, but on perusal of Section 376D of IPC, it appears that after closing

necessary amendments by Act of 2013, minimum sentence prescribed for Section 376D of IPC is not less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine therefore, this Court is left with no other option but to issue notices to the appellants for enhancement of jail sentence after recording of conviction by the Trial Court, that enhancement has to be minimum 20 years of jail sentence.

On behalf of appellant-Ranvijay Jatav, Shri Khan accepts notice. Since, other appellants vide CRA No.588/2016 (Ramveer Gurjar Vs. State of M.P.), CRA No.698/2016 (Mahendra Yadav Vs. State of M.P.) and CRA No.1034/2016 (Kanhiya Jatav Vs. State of M.P.) also filed the appeals as referred above, therefore, notices be issued to those appellants for such enhancement of sentence that why their respective sentences be not enhanced to 20 years as minimum prescribed imprisonment for offence under Section 376D of IPC.

Appellants have to respond to the said notices on next date of hearing. List this case in the week commencing 25/07/2022 for giving response

to the said notices.

     (ANAND PATHAK)                                                                           (G.S. AHLUWALIA)
         JUDGE                                                                                      JUDGE

Ashish*

ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

CHAURA postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4 de08c6bb9303e52e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9A 0FD201D0242B64,

SIA serialNumber=A926F3CBF979ECA6A4C477577 EEDBA3AB4F94593A930B98DAE1B0AD16F90B 5FD, cn=ASHISH CHAURASIA Date: 2022.06.24 19:49:54 -07'00'