Sonu @ Sameer Khan vs State Of Madhya Pradesh
2023 Latest Caselaw 10097 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        CRA No. 3370 of 2023
                                     (SONU @ SAMEER KHAN Vs STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 04-07-2023
                               Shri Aishwarya Sahu - Advocate for appellant.

                               Shri Vinod Tiwari - Panel Lawyer for respondent/State.

Heard on admission.

The appeal is admitted for final hearing. Also heard on I.A No.6801/2023, which is first application under Section

389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellant.

The appellant has been convicted under Section 9(M)/10 of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo R.I. for 5 years with fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits 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;

that he is in jail since 14.01.2023 i.e. the date of judgment. He further submits that the appellant is permanent resident of the district and there is no likelihood of hearing of appeal in near future; he is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. 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.

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 7/6/2023 2:33:54 PM

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

The appellant has prayed for suspension of sentence on the ground that he is in custody for last one year and the prosecution case is not supported by any independent witness. On examination of record, it is found that eyewitness Krishna Bai (PW/5) turned hostile and could not support the prosecution case, but no reason could be highlighted either during cross-examination or in the argument made before this Court that why the testimony of 11 years old prosecutrix should not be believed. It is the case of prosecution that immediately after the incident, prosecutrix reported the matter to her mother and

no fact could be surfaced in her testimony about her falsely implicating the appellant.

Looking to the nature of crime and also the sentence awarded to the appellant, this Court is not inclined to suspend the sentence of appellant. Accordingly, I.A No.6801/2023 is dismissed.

List the matter for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 7/6/2023 2:33:54 PM