Rishikesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14229 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 2331 of 2023
                                        (RISHIKESH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 29-08-2023
                               Shri Samar Singh Rajput - Advocate for appellant.

                               Shri Pramod Thakre - Public Prosecutor for respondent/State.

Heard on I. A. No.16634 of 2023.

This is the first application for suspension of sentence and grant of bail filed on behalf of appellant who has been convicted for the offences under

Sections 363 and 377 of IPC and sentenced to undergo R.I. for 3 years and 10 years and to pay a fine of Rs. 1,000/- and Rs.5,000/- respectively and further convicted under Section 5(m)/6 of POCSO Act and sentenced to undergo R.I. for 20 years and to pay fine of Rs.5,000/- with default stipulations, as mentioned in the impugned judgment.

The plea of the appellant is that there are various discrepancies in the case of the prosecution that cannot be accepted. That the evidence itself is shaky and hence the conviction is bad.

However, the same is disputed by the learned Public Prosecutor.

On considering the same, we do not find any ground to enlarge the accused on bail. The victim was a boy aged about 7 years 8 months. He has narrated the manner in which the incident has occurred. Every single detail of the incident has been mentioned. So far as the contention regarding certain variations in the case of the prosecution is concerned, the matter is to be considered on re-appreciation of evidence at the stage of final hearing. We do not find it appropriate to consider the same now. It is suffice to notice that the victim has clearly and cogently narrated the manner in which the offence has Signature Not Verified Signed by: LORETTA RAJ Signing time: 9/1/2023 1:29:10 PM

been committed. Furthermore, the Ex.P/33 which is a DNA report has also gone against the accused. We do not find it is a fit case for grant of bail.

Accordingly, I.A. No.16634 of 2023 is rejected.

                                   (RAVI MALIMATH)                                    (VISHAL MISHRA)
                                     CHIEF JUSTICE                                         JUDGE

                         Loretta




Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 9/1/2023
1:29:10 PM