Jannu @ Jammu @ Sunil Uikey vs The State Of Madhya Pradesh
2023 Latest Caselaw 9714 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 1120 of 2022
                                (JANNU @ JAMMU @ SUNIL UIKEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 27-06-2023
                                Shri Atul Upadhyay - Advocate for the appellant.

                                Shri A.N. Gupta - Government Advocate for the respondent-State of

M.P.

Heard on I.A. No.1774 of 2022, an application filed under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant

Jannu @ Jammu @ Sunil Uikey arising out of judgment dated 26/11/2021 delivered in S.T. No.32/2018 by Special Judge SC/ST (Prevention of Atrocities) Act, Mandla.

This appellant has been convicted under Section 376(D) of IPC and sentenced t o undergo RI for 20 years with fine of Rs.25,000/- and under Section 323 r/w Section 34 of IPC and sentenced to undergo RI for six months, with default stipulation.

By taking this Court to the prosecution story, learned counsel for the appellant submits that the incident had taken place on 15/05/2018. The report in

the police station was lodged on 16/05/2018. As per prosecution story, the appellant forcibly thrown the victim on the floor and committed rape on her with the help of co-accused person. In MLC, no internal and external injury was found. The FIR was lodged with delay of one day. As per explanation given by the victim for delay, in the meantime she approached three women but none of them supported the said aspect before the Court below. The FSL is not conclusive. Merely, because DNA report is against him, his conviction cannot be affirmed. Thus, he may be given the benefit of suspension of sentence. Signature Not Verified Signed by: MANJU Signing time:

6/28/2023 4:17:16 PM

The prayer is opposed by learned Government Advocate on the basis of prosecutrix's statement and DNA report.

Considering the DNA report and the statement of prosecutrix, at this stage, no case is made out for suspension of sentence to the appellant.

Accordingly, I.A. No.1774 of 2022 is dismissed.

                            (SUJOY PAUL)                                  (ACHAL KUMAR PALIWAL)
                               JUDGE                                              JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
6/28/2023 4:17:16 PM