Devi Singh Ashware vs The State Of Madhya Pradesh
2023 Latest Caselaw 10003 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2774 of 2021 (DEVI SINGH ASHWARE Vs THE STATE OF MADHYA PRADESH)

Dated : 03-07-2023 Shri A. K. Patel - Advocate for the appellant.

Shri Shailendra Mishra - Panel Lawyer for the State.

Heard on I.A No.15118/2023, which is fourth application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellant. His earlier three applications were dismissed as withdrawn by a

co-ordinate Bench of this Court.

T h e appellant has been convicted under section 377 of IPC and sentenced to undergo R.I. for 5 years with a fine of Rs.1,000/-, under section 506 of IPC and sentenced to undergo RI for 3 years with a fine of Rs.1,000/- and section 5/6 of the POCSO Act and sentenced to undergo 10 years RI with a fine of Rs.1,000/-, with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and

documentary evidence available on record and committed error in convicting the appellant for aforesaid offence. He further submits that there is no likelihood of hearing of appeal in near future. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State opposes the application and prays for its rejection.

Heard learned counsel for the parties, perused the judgment and the record of the court below.

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 7/5/2023 1:15:03 PM

The appellant is praying for suspension of sentence on the ground that the facts alleged in the FIR find no support from the MLC of victim child; there were no eyewitness to the incident and there was enmity between the parties resulting in false FIR.

In the light of aforesaid submission, the record of the trial Court is perused. The oral evidence of victim child as well as his relatives are available on record. Further, there is DNA report, which supports the commission of crime. In the light of these facts, this Court is not inclined to allow suspension of sentence. Hence, the application is rejected.

I.A No.15118/2023 is dismissed.

List the case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 7/5/2023 1:15:03 PM