Vijay Urf Pethu vs State Of Madhya Pradesh
2023 Latest Caselaw 8411 MP

                                                                1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        CRA No. 6108 of 2019
                                                (VIJAY URF PETHU Vs STATE OF MADHYA PRADESH)

                          Dated : 12-06-2023
                                Mr Arup K. Das-Advocate for the appellant.

                                Mr. Arvind Singh- G.A. for the respondent/ State.

Heard on admission.

This appeal is admitted for hearing.

Also heard on IA No. 5178/2023 an application under Section 389(1) of

the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant- Vijay Urf Pethu arising out of judgment dated 10.05.2019 delivered in S.T. No.82/2018 by Sessions Judge, Betul, Distt. Betul.

The appellant has been convicted under Sections 376AB of IPC, 376(2) (L) and 376(2)(M) of the IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with default stipulations.

As per the prosecution story, mentally challenged victim, aged about 7 years was sexually assaulted by the appellant.

Criticizing the findings, learned counsel for the appellant submits that

spot map (Ex.P/3) shows that house of the appellant is just adjacent to the main road and adjacent to that house, "Satsang" was going on. Thus, such an incident was not possible in the broad day light. It is further submitted that mother and father of victim did not support the prosecution story. The MLC does not conclusively shows that any such sexual assault/rape had taken place. In addition, it is submitted that the DNA report also does not support the case of the prosecution.

The prayer is opposed by Shri Arvind Singh, learned G.A. for the State. Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 6/13/2023 10:39:37 AM

The mother and the father of victim gathered knowledge about the incident on the basis of information given by a child witness Tejal (PW-4). The statement of Tejal (PW-4) prima facie inspires confidence. Apart from this, DNA profile considered by the Court below in para-27 of the impugned judgment prima facie, in our opinion, is a plausible view.

Considering the heinous nature of crime, at this stage, no case is made out for suspension of sentence and grant of bail to the appellant.

Thus, without expressing any conclusive opinion on merits, I.A. No. 5178/ 2023 is dismissed.

                               (SUJOY PAUL)                                 (ACHAL KUMAR PALIWAL)
                                  JUDGE                                             JUDGE

                          sh




Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 6/13/2023
10:39:37 AM