Ramprasad @ Mamma Posam vs The State Of Madhya Pradesh
2022 Latest Caselaw 6848 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                              CRA No. 3402 of 2019
               (RAMPRASAD @ MAMMA POSAM Vs THE STATE OF MADHYA PRADESH)

Dated : 06-05-2022
      Mr. Nitesh Kumar Jain, learned counsel for the appellant.

      Ms. Nalini Gurang, learned Panel Lawyer for the respondent/State.
      Considered I.A.No.10955/2020, which is repeat (second) application under
Section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of
the appellant- Ramprasad @ Mamma Poosam.
      By the impugned judgment dated 15.02.2019 passed by 2nd A.S.J. Balaghat

(MP) in S.T. No.111/2017 the appellant has been convicted under Section 5M read
with Section 6 of POCSO Act and sentenced to undergo for life imprisonment
with fine of Rs.2000/- with default stipulations.
      Learned counsel for the appellant has submitted that the trial Court has not
properly appreciated the oral and documentary evidence on record. Appellant has
falsely been implicated in the crime in question due to some previous enmity
between the parties. There are many contradictions and omissions in the evidence
of prosecution witnesses The appellant is in custody since 15.02.2019. He further
submitted that appellant has no previous criminal record. The final disposal of

instant appeal would take considerable time. Hence, prayer has been made to
suspend the jail sentence of the appellant and grant him bail.
      Learned Panel Lawyer for the State has opposed the prayer for suspension
of sentence.
      We have heard contentions of both the parties and perused the record.
There are material evidence available on record against the appellant. The finding
of the learned trial Court are based on the testimony of prosecutrix, DNA report is
found positive against the appellant. Prosecutrix was aged about 12 years at the
time of incident.
      Considering the overall evidence on record and gravity of the offence, We
are not inclined to suspend the jail sentence of the appellant.
      Hence, I.A.No.10955/2020 is dismissed.
      List the matter for final hearing in due course.
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(SMT. ANJULI PALO) (DINESH KUMAR PALIWAL) JUDGE JUDGE

L.R.

Digitally signed by LALIT SINGH RANA Date: 2022.05.07 14:13:56 +05'30'