Aneesh Raghuvanshi vs The State Of Madhya Pradesh
2024 Latest Caselaw 20782 MP

Madhya Pradesh High Court

Aneesh Raghuvanshi vs The State Of Madhya Pradesh on 1 August, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                              1                              CRA-4733-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 4733 of 2024
                                          (ANEESH RAGHUVANSHI Vs THE STATE OF MADHYA PRADESH )



                           Dated : 01-08-2024
                                 Shri Rajkumar Singh Kushwaha - Advocate for the appellant.
                                 Shri Ajay      Kumar     Nirankari     -   Public   Prosecutor   for   the
                           respondent/State.

Heard on I.A.No.13375 of 2024, first application for suspension of sentence and grant of bail has been filed on behalf of appellant Aneesh

Raghuvanshi.

Present appellant stood convicted under Sections 363, 366, 376(3) of IPC and Section 3/4 of POCSO Act and sentenced to undergo two years' RI with fine of Rs. 500/-, five years' RI with fine of Rs. 500/-, 20 years' RI with fine of Rs. 2500/- and 20 years' RI with fine of Rs.2500/- respectively with default stipulations vide judgment dated 20.03.2024 passed in Special Case No.170/2020 by the Court of VIIth Additional Sessions Judge/Special Judge, POCSO Act, District Guna (M.P.).

As per prosecution story, on 25.06.2020, father of the prosecutrix

lodged a missing report No.25/2020 that his minor daughter is not in the house. Thereafter, he brought her at Police Station on 27.06.2020 and she was medically examined and her statement under Section 164 of CrPC was recorded. She made allegation against the present appellant as well as co- accused Banwari that they forcibly took her and thereafter, the appellant committed rape upon her.

2 CRA-4733-2024 During the trial, he was granted bail by the trial Court on 24.7.2020 and thereafter, again he eloped with the prosecutrix and kidnapped her and committed sexual assault with the same prosecutrix for which FIR was registered against the appellant on 19.01.2021. In the the said trial, he had been convicted vide judgment dated 22.03.2022 against which he preferred an appeal i.e., Cr.A.No.4816/2022. However, in the said appeal, he has been granted bail for suspension of sentence, but during pendency of the trial, he repeated the same offence with the same prosecutrix and thereafter again he has been convicted. Hence, no case is made out for suspension of remaining jail sentence of present appellant.

Accordingly, I.A.No.13375 of 2024 stands rejected.

                                     (VIVEK RUSIA)                           (RAJENDRA KUMAR VANI)
                                         JUDGE                                       JUDGE


                           Monika