Rohit @ Chhotu Rawat vs The State Of Madhya Pradesh
2024 Latest Caselaw 4048 MP

Madhya Pradesh High Court

Rohit @ Chhotu Rawat vs The State Of Madhya Pradesh on 12 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 12127 of 2022
                                    (ROHIT @ CHHOTU RAWAT Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 12-02-2024
                                 Shri Arvind Singh - Advocate for the appellant.

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

Heard on I.A. No. 29462 of 2023, an application under Section 389(1) o f the Cr.P.C for suspension of sentence and grant of bail to the appellant Rohit @ Chhotu Rawat arising out of judgment dated 21.11.2022 delivered in

Special Sessions Trial No. 33 of 2020 passed by the learned Special Judge (POCSO) Sidhi.

The appellant has been convicted for the offence punishable under Section 5(j)(iii) of POCSO Act and sentenced to undergo RI for 20 years with fine of Rs.5000/-, with default stipulation.

Learned counsel for the appellant submits that determination of age of the prosecutrix on the basis of scholar register is impermissible and therefore, despite the fact that DNA report is against the appellant, this being a case of romantic relation. Thus, remaining jail sentence of appellant may be

suspended.

The prayer is opposed by learned Government Advocate. The arguments advanced by learned counsel for the appellant, prima facie runs contrary to the recent Division Bench judgment of this Court passed in CRA No.2630 of 2015 (Ramswaroop vs. State of M.P.). Therefore, at this stage, no case is made out for suspension of sentence.

I.A. No. 29462 of 2023 is hereby rejected.

                                (SUJOY PAUL)       (VIVEK JAIN)
                                   JUDGE              JUDGE
                           AR