Praveen vs The State Of Madhya Pradesh
2023 Latest Caselaw 11652 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 178 of 2023
                                          (PRAVEEN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 25-07-2023
                                Shri Rishiraj Trivedi, learned counsel for the appellant.

                                Shri    Gaurav     Singh       Chouhan,Government      Advocate   for   the
                          respondent/State.

Heard on I.A. No. 132/2023, which is first application filed under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail moved on

behalf of the appellant - Praveen.

Learned Trial Court has convicted the appellant under Sections 376(k) (kh) and 506 Part II of IPC and Sec 5(l)/6 and 5(j)(ii)/6 of Protection of Children from Sexual Offences Act and sentenced him to undergo RI for 20 years with fine of Rs.10,000/-, RI for 03 years with fine of Rs.500/-, RI for 20 years with fine of Rs.10,000/- and further RI of 20 years with fine of Rs. 10,000/- respectively with default stipulations, vide judgement of conviction and order of sentence dated 09.12.2022 passed by the Special Judge, Badwah Distt. Mandleshwar in S.T. No.06/2021.

Prosecution story found to be proved is that on 05.02.2020, when the prosecutrix had gone to answer the nature's call, the appellant caught hold of her and committed rape upon her multiple times. Subsequently, the prosecutrix became pregnant and delivered a child.

Learned counsel for the appellant submits that appellant has not committed any offence and he has falsely been implicated in the case. It is a case of consent. It is further submitted that the samples of DNA were not taken as per rules. Hence, the possibility of tampering with the samples cannot be Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/26/2023 6:53:44 PM

ruled out. Even if the DNA is found to be positive, then it alone cannot be a ground to convict the appellant. Final hearing of this appeal is not possible in near future since the appeal is of the year 2023, therefore, it is prayed that the remaining sentence may be suspended and the appellant may be released on bail.

Learned Government Advocate for the respondent/State has opposed the prayer for suspension of sentence. He has drawn the attention of this Court on paragraphs 32,33,34 and 36 of the judgment to show that proper sampling was done and preserved and thereafter DNA was sent for examination. The DNA of the appellant matched with that of the prosecutrix as well as the child. There is

no iota of doubt that the appellant is the culprit. Moreso, appellant has not suffered considerable period of custody. Hence, the application for suspension deserves to be dismissed.

We have heard learned counsel for both the parties and perused the record.

Looking to the facts and circumstances of the case and considering the evidence available on record coupled with the fact that appellant has not put in considerable period of custody as against the sentence awarded to him, no case for grant of suspension of sentence is made out.

Accordingly, I.A. No. 132/2023 stands dismissed.

                               (S. A. DHARMADHIKARI)                                  (PRANAY VERMA)
                                        JUDGE                                             JUDGE

                          sh




Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 7/26/2023
6:53:44 PM