Shivbhan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 21586 MP

Citation : 2023 Latest Caselaw 21586 MP
Judgement Date : 15 December, 2023

Madhya Pradesh High Court

Shivbhan Singh vs The State Of Madhya Pradesh on 15 December, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7884 of 2021 (SHIVBHAN SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 15-12-2023 Shri Ajay Kumar Mishra - Advocate for appellant.

Shri T.R.Kurmi - P.L. for the State.

Ms.Renu Tiwari - Advocate for objector.

Considered I.A.No.23984/2022, which is first application u/s 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant-

Shivbhan Singh.

Vide impugned judgment dated 15.12.2021 passed by Special Judge (POCSO Act), Katni in Special Case SC-2700007/2016 the appellant has been convicted for offences under sections 376(1) of IPC and 3 r/w 4 of POCSO Act and sentenced to undergo R.I. for 10 years with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. Trial Court has failed to appreciate the evidence of prosecution witnesses in proper perspective. The

trial Court erred in convicting the appellant. FIR has been filed belatedly without proper explanation given by the prosecutrix. The prosecution witnesses admitted enmity between appellant and proseutrix. There is no injury on the internal part of the prosecutrix body. Her hymen was old ruptured. The appellant was on bail during trial. He has not misused his liberty. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of appellant.

Learned Panel Lawyer has opposed the prayer for suspension of

sentence.

Considering the age of prosecutrix is below 18 years; testimony of the prosecutrix which is supported by other prosecution witnesses as well as FSL report (Exhibit-P/12) and the nature of accusation against the appellant as also period of custody, this Court does not find it to be a fit case for suspension of jail sentence of appellant. Accordingly, the application is sans substance and hence, prayer for suspension of jail sentence of appellant is rejected.

I.A.No.23984/2022 is dismissed.

(HIRDESH) JUDGE