Ajay vs The State Of Madhya Pradesh
2023 Latest Caselaw 6132 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 802 of 2020
                                            (AJAY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 17-04-2023
                                Shri Abhilash Kumar Dey - Advocate for the appellant.

                                Shri Akhilendra Singh - Government Advocate for the respondent/State.

Heard on I.A. No.23797/2021, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 18.11.2019 delivered in S.C. No.17/2019 by Special Judge,

Protection of Children from Sexual Offences (POCSO) Act, 2012, Khandwa (M.P.).

T he appellant has been convicted under Section 363 of the IPC and sentenced to undergo R.I. for three years with fine of Rs.1,000/- and under Section 376(3) of IPC and sentenced to undergo R.I. for twenty years with fine of Rs.2,000/-, with default stipulation.

As per the prosecution story, on 20.02.2019 the prosecutrix was forcibly taken by the appellant in an agricultural field and was sexually assaulted.

Learned counsel for the appellant submits that the evidence available on

record is not clinching in nature. The appellant is in custody since 22.02.2019. The final hearing of this appeal is not possible in near future, thus remaining jail sentence may be suspended.

Learned Government Advocate opposed the prayer on the basis of objection.

Considering the statement of prosecutrix which is corroborated by medical evidence and other prosecution evidence, we find no reason at this stage to suspended the remaining jail sentence. Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 4/18/2023 10:15:05 AM

Accordingly, I.A. No.23797/2021 is dismissed.

                                (SUJOY PAUL)                           (AMAR NATH (KESHARWANI))
                                   JUDGE                                        JUDGE

                          sjk




Signature Not Verified
Signed by: SHARAN JEET
KAUR JASSAL
Signing time: 4/18/2023
10:15:05 AM