Pankaj @ Pintoo Katare vs The State Of Madhya Pradesh
2022 Latest Caselaw 3760 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1658 of 2016 (PANKAJ @ PINTOO KATARE Vs THE STATE OF MADHYA PRADESH)

Dated : 16-03-2022 Mr. Anil Kumar Dwivedi, learned counsel for the appellant. Ms. Sunanda Kesharwani, learned Panel Lawyer for the State.

Record of Court below is available.

Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A. No.16777/2018, which is first application under

Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant - Pankaj @ Pintoo Katare.

By the impugned judgment dated 29.04.2016 passed by Special Judge (POCSO Act) Shahdol (M.P.) in Special Case No.358/2015 the appellant has been convicted for offences under Sections 366(A), 376(2)(i), 506 of the I.P.C. and sentenced to undergo R.I. for 3 years with fine of Rs.1,000/-, R.I. for 10 years with fine of Rs.5000/-, R.I. for 3 months with fine of Rs.500/- respectively and under Section 5 (d) of POCSO Act, 2012 and sentenced to

undergo R.I. for 10 years with fine of Rs.5000/-, with default stipulations.

Learned counsel for the appellant/applicant has 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. Further that there is no evidence on record regarding the committal of rape. Doctor did not support the prosecution story. Final disposal of this appeal would take considerable time. Therefore, prayer has been made to suspend the sentence of the appellant/applicant.

Learned Panel Lawyer has strongly opposed the prayer for suspension of sentence.

Heard both the parties.

After perusal of record, it appears that at the time of incident the prosecutrix was aged about 8 years and applicant was aged about 40 years.

Although, in the impugned judgement at Para-13, it was mentioned that the Doctor did not find any injury on the body of the prosecutrix whereas in MLC report (Exhibit P-7) Doctor has mentioned that "redness seen on the private parts".

In view of the aforesaid, this Court is not inclined to suspend the jail sentence of the appellant and release him on bail.

Accordingly, I.A.No.16777/2018 stands dismissed. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.21 17:39:07 IST