Shivkumar @ Manje Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9099 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 621 of 2023 (SHIVKUMAR @ MANJE YADAV Vs THE STATE OF MADHYA PRADESH)

Dated : 19-06-2023 Shri Shreyas Pandit - Advocate for the appellant.

Shri Shailendra Mishra - Panel Lawyer for the State.

Record of the Court below has been received. Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A No.11497/2023 and I.A.No.10949/2023, in which applications are similar nature under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellant-Shivkumar @ Manje.

The appellant has been convicted for offence under Section 307 of I.P.C. and sentenced to undergo R.I. for 7 years with fine of Rs.5,000/-, with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. The learned trial Court has erred in

not appreciating the fact that there are material omissions and contradictions in the versions of the prosecution witnesses. He also submits that all important eye witnesses have not corroborated the prosecution story. It is further submitted that prosecutrix is unworthy of credit as on the basis of her statements of charge under Section 376 of IPC was not found proved. He further submits that applicant has a family to look after he is in physical hardship in jail. No overt act is attributed to him. He further submits that learned trial trial Court utterly failed to appreciate the available evidence on record, therefore, it is Signature Not Verified Signed by: NITESH PANDEY Signing time: 6/20/2023 11:02:01 AM

directed that remaining part of his jail sentence be suspended. 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 the learned counsel for both the parties and perused the judgment and record of Court below.

On the basis of examination of the record of Court below, it appears that the statements of prosecutrix were unstable regarding the sexual assault. Therefore, finding of acquittal was given under those charges but no material contradiction could be pointed to challenge her testimony in relation to Section

307 of IPC. Medical evidence has also supported her version.

Looking to the gravity of crime in the context of injuries caused to the victim, this Court is of the opinion that it would not be appropriate to suspend the jail sentence of the appellant.

Accordingly, the aforesaid applications are hereby dismissed. List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

Nitesh

Signature Not Verified Signed by: NITESH PANDEY Signing time: 6/20/2023 11:02:01 AM