Deepak Kaithwas vs The State Of Madhya Pradesh
2022 Latest Caselaw 8636 MP

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                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                 CRA No. 7702 of 2021
                                                      (DEEPAK KAITHWAS Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 29-06-2022
                                           Mr.P.C.Paliwal, learned counsel for the appellant.

                                           Ms.Prashansha Bais, learned Panel Lawyer for the respondent/State.

Considered I.A.No.22399/2021, which is first application u/s 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant/applicant-Deepak Kaithwas.

By the impugned judgment dated 29.11.2021 passed by Special Judge

(POCSO) Act, Chhindwara in SC/66/2017 whereby the appellant has been convicted for offences under sections 366, 342 & 323 of the Indian Penal Code and section 4 of POCSO Act and sentenced to undergo sentence of RI for 5 years, 06 months, 06 months & 10 years with fine of Rs.2,000/-, Rs.500/-, Rs.500/- & Rs.5,000/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. There is no eye witness to the incident. The FIR has been lodged belatedly after

returning of 'Bade Papa' from Nagpur. The appellant has remain in custody for considerable time. The family members of the appellant are suffering on account of custody of the appellant. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the remaining jail sentence of the appellant and grant him bail.

Signature Not Verified SAN Learned Panel Lawyer has opposed the prayer and stated that prosecutrix Digitally signed by RAJESH MAMTANI Date: 2022.06.30 18:32:50 IST was minor and medical documents support the prosecution case and hence, the

appellant is not entitled for suspension of sentence.

Considered the over all facts and circumstances of the case; the appellant is married person and father of two children; prosecutrix is minor aged 14 years; the Doctor found external injury on cheek of the prosecutrix; hymen of prosecutrix was rupture; medical reports indicate the position of around 9 O' clock; statement of the prosecutrix; nature of allegations and taking into account the evidence available, this Court does not find it fit to suspend the sentence of the appellant and grant him bail.

In the result, prayer for suspension of sentence stands rejected. I.A.No.22399/2021 is dismissed.

List the case for final hearing in due course.

SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.06.30 18:32:50 IST