Mahendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 14891 MP

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                               HIGH COURT OF MADHYA PRADESH AT INDORE
                                        CRIMINAL APPEAL NO.2485 OF 2023
                                         (Mahendra vs The State of Madhya Pradesh)


                         Indore, Dated 11.09.2023
                                Mr. Ashish Gupta, counsel for the appellant.
                                Mr.      Gaurav        Singh    Chauhan,          counsel       for      the
                         respondent/State.

Heard on IA No.2306 of 2023 which is first application under Section 389 (1) of Criminal Procedure Code, 1973, filed on behalf of sole appellant - Mahendra S/o Shri Parvat Singh Ahirwar, who has been convicted by learned First Additional Sessions Judge, Sarangpur, District - Rajgarh (MP) in Session Trial No.360/2020 vide judgment dated 18.01.2023 and has been sentenced him as under:-

                                          Conviction                            Sentence
                               Section & Act     Imprisonment   Fine Amount       Imprisonment in lieu
                                                                                         of fine
                                   450 IPC        05 years RI       Rs.1000/-         06 month RI
                               506 Part-II IPC    01 year RI        Rs.1000/-         03 month RI
                               3/4(2) POCSO       20 years RI       Rs.5000/-         06 month RI
                                    Act



                         (2)    Counsel for the appellant submits that the entire case was false

and fabricated and was based on the sole testimony of the prosecutrix. The incident took place on 13.10.2020 and the FIR was lodged on 17.10.2020 i.e. after four days of the incident. The

Signature Not Verified Signed by: ARUN NAIR Signing time: 12-09-

2023 10:40:30

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.2485 OF 2023 (Mahendra vs The State of Madhya Pradesh)

evidence of the prosecutrix and her mother is contradictory. He submits that the prosecutrix has stated that her mother had lodged the FIR and that she has signed in the FIR. He further submits that DNA report is negative and there is no injury on the body of prosecutrix. Hence prays for grant of suspension to the appellant. (3) Per contra, counsel for the respondent/State has opposed the application and prays for its rejection.

(4) We have heard counsel for the parties and perused the record. (5) Considering the entire facts and circumstances of the case and looking to the evidence of prosecutrix and her mother but without commenting anything on the merits of the case, we are of the considered opinion that it is not a fit case for grant of suspension to the present appellant. Accordingly, the suspension application - IA No.2306 of 2023 stands rejected.

                                        (S.A. DHARMADHIKARI)                              (HIRDESH)
                                               JUDGE                                       JUDGE

                         Arun/-




Signature Not Verified
Signed by: ARUN NAIR
Signing time: 12-09-
2023 10:40:30