Vijay vs The State Of Madhya Pradesh
2023 Latest Caselaw 3358 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 8860 of 2022
                                                  (VIJAY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-02-2023
                                 Shri Vikas Rathi - Advocate for the appellant.

                                 Shri Pranay Joshi - Panel Lawyer for respondent/State.

Record of the trial court has been received. Heard on IA No. 13357/2022 which is an application under section 389(1) of Cr.P,.C. for suspension of remaining jail sentence and grant of bail on behalf of appellant-Vijay.

The appellant has been convicted under section 366 and sentenced to undergo 7 years RI with fine of Rs. 500; under section 376(2)(n) IPC, sentenced to undergo 10 years RI with fine of Rs. 2,000/-; and under section 506 of IPC , sentenced to undergo 3 years RI and with usual default stipulation.

Learned counsel for the appellant submits that appellant is suffering jail incarceration since 23.9.2022 i.e. from the date of passing of judgment, appellant has remained on bail during trial and he did not misuse the liberty granted to him. He submits that rivalry has been admitted admitted by the father of prosecutrix and PW-1 and the defence witness DW-1. The prosecutrix was

major at the time of incident. The trial court has not properly appreciated the evidence available on record. There is strong case in favour of appellant and that final conclusion of this appeal will take long sufficient time. Hence he prays for grant of bail and suspension of remaining jail sentence till the final disposal of this appeal.

Per-contra, learned PL for the respondent/State opposes the application for suspension of sentence and prays for its rejection. Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 24-02-2023 12:51:02

After considering the facts and circumstances of the case and the submissions made by learned counsel for both the parties, it appears that as per scholar register (Ex.P-21) date of birth of prosecutrix is 23.5.1999, therefore at the time of incident she was minor. Statement of prosecutrix (PW-

1), is well supported by statements of her father (PW-2), Sub Inspector Virendra Kumar (PW-5), Dr. Ashish Malhotra (PW-10), Pracharya Mukesh Vishwakarma (PW-11). As per MLC report (Ex.P-13), human sperm and semen has been found over the underwear and pubic hair and veginal slide of the prosecutrix.

In view of the evidence available on record, this court is not inclined to

suspend the jail sentence of appellant.

Hence IA No. 13357/2022 is heá¹›eby dismissed.

(ANIL VERMA) JUDGE

BDJ

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 24-02-2023 12:51:02