Sanjay Alias Pappu Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 14313 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    CRA No. 4073 of 2018
                                 (SANJAY ALIAS PAPPU SAHU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 31-08-2023
                               Shri Abhay Gupta - Advocate for appellant.

                               Shri A.S.Baghel - Public Prosecutor for respondent/State.

Heard on I.A.No.23803 of 2022.

This is the second application seeking for suspension of sentence and bail filed on behalf of appellant Sanjay alias Pappu Sahu, who has been

convicted under Section 376(2)(i) read with Section 376(2)(n) of the IPC and sentenced to RI for 10 years with fine of Rs.25,000/-. Further he has been convicted under Sections 3(1)(w)(i) and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act as mentioned in the impugned judgment.

The case of the prosecution is that on 15.02.2016 at about 8 to 8:30 PM when the prosecutrix went outside of her house for the call of nature, the appellant came there and committed the offence on her. He had gagged her mouth and threatened her not to speak about the incident to anybody, otherwise

he would do away with her life. Thereafter, she got pregnant and delivered a child on 12.12.2016. Thereafter a complaint was filed. The offence was registered in Crime No.560 of 2016 for offence punishable under Sections 376, 376(2)(i), 376(2)(n) and 506 of the IPC, Section 4 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The investigation was taken up and the charge-sheet was filed. On trial, the appellant has been convicted and sentenced as above. Hence, the instant appeal is filed along with Signature Not Verified Signed by: CHRISTOPHER PHILIP Signing time: 9/1/2023 11:32:45 AM

an application for suspension of sentence and bail.

The learned counsel for appellant submits that the provision of law with regard to Section 376 of the IPC has been wrongly stated. However, even if that contention is to be accepted, that does not lead to grant of bail or for acquittal. So far as the merits are concerned, the DNA report is against the accused. The accused is the father of the child. In view of the strong medical evidence against the accused, we do not find any ground to enlarge the appellant on bail.

I.A.No.23803 of 2022 is dismissed.

                              (RAVI MALIMATH)                                        (VISHAL MISHRA)
                                CHIEF JUSTICE                                             JUDGE

                         C




Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 9/1/2023
11:32:45 AM