Sanjay Rawade vs The State Of Madhya Pradesh
2023 Latest Caselaw 17820 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                            CRA No. 3240 of 2013
                  (SANJAY RAWADE Vs THE STATE OF MADHYA PRADESH)

Dated : 26-10-2023
      Mr. Shashank Patel - Advocate for appellant.

      Mr. Anubhav Jain - Public Prosecutor for the State.
      Ms. Raksha Patel - Advocate for the objector.

      Heard on I.A. No.5701 of 2022 which is a repeat application seeking for
suspension of sentence and grant of bail filed on behalf of appellant - Sanjay

Rawade.
2.      The case of the prosecution is that on 06.06.2013 when the mother of
the victim had gone for labour work in the morning at 09:30 am and returned at
07:00 pm in the evening, she found her daughter weeping. She narrated that the
accused called her to see the goat in nallah and when she went there, he caught
hold her from behind and committed the offence against her. She tried to resist
but could not do so. He slapped her and committed the offence on her. He
stated that he will give her Rs.20/- if she does not tell the same to anybody. On
the basis of the aforesaid, case was registered for the offence under Section 376

of the IPC and under Section 3/4 of the Protection of Children from Sexual
Offences Act.
3.        On trial, the appellant has been convicted under Sections 376 (2)(jha)
and 323 of the IPC and sentenced to undergo life imprisonment and to pay a
fine of Rs.25,000/- and rigorous imprisonment for 6 months and to pay a fine
of Rs.500/- and further convicted under Section 3/4 of the Protection of
Children from Sexual Offences Act and sentenced to undergo life imprisonment
and to pay a fine of Rs.25,000/- with default stipulations as mentioned in the
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                      impugned judgment.
                      4.        The victim was aged about 7 years on the date of incident. The medical
                      evidence supports the case of the prosecution. The manner in which the offence
                      was committed has been clearly narrated by the victim. This is the clear case
                      where the grievous offence has been committed. Hence, we find no good
                      ground to grant bail.
                      5.       Accordingly, I.A.No.5701 of 2022 is rejected.


                              (RAVI MALIMATH)                                    (VISHAL MISHRA)
                                CHIEF JUSTICE                                         JUDGE

vibha Digitally signed by VIBHA PACHORI Date: 2023.10.28 10:42:26 +05'30'