Citation : 2023 Latest Caselaw 16539 MP
Judgement Date : 6 October, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4204 of 2022
(MITHUN Vs THE STATE OF MADHYA PRADESH)
Dated : 06-10-2023
Shri S.D.Gupta - Advocate for appellant.
Shri A.S.Baghel - Public Prosecutor for respondent/State.
Heard on I.A. No.7886 of 2022.
This is the first application seeking for suspension of sentence and bail filed on behalf of appellant/accused Mithun, who has been convicted under
Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to R.I. for 20 years and fine of Rs.5,000/- with default stipulations as mentioned in the impugned judgment.
The case of the prosecution is that on 30.03.2021, the accused took the victim on a motorcycle to the Jungle and committed the offence on her. Thereafter, a complaint was lodged based on the complaint made by her. The DNA report is against the accused. The prosecution was thus able to establish its case beyond all reasonable doubt before the trial Court. The victim was aged about 15 years and 8 months. She has narrated the manner in which the incident
had taken place. Under these circumstances, we do not find any good ground to enlarge the appellant on bail.
Hence, I.A.No.7886 of 2022 is dismissed.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
C
Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 10/7/2023
3:33:14 PM
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