Premnath vs The State Of Madhya Pradesh
2024 Latest Caselaw 5660 MP

Madhya Pradesh High Court

Premnath vs The State Of Madhya Pradesh on 23 February, 2024

Author: Chief Justice

Bench: Chief Justice

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 9364 of 2022
                                          (PREMNATH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 23-02-2024
                                 Shri Shailendra Singh Thakur - Advocate for appellant.

                                 Shri Yogesh Dhande - Public Prosecutor for respondent State.

Heard on I.A. No.19469 of 2022.

T h is is the first application under Section 389(1) of Cr.P.C. for suspension of execution of sentence and grant of bail filed on behalf of

accused-appellant Premnath who has been convicted under Section 6 r/w Section 5(n) of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo R.I. for 20 years and to pay a fine of Rs.5,000/- with default stipulation as mentioned in the impugned judgment.

Prosecution case as found proved by the trial court is that appellant- accused aged 52 years is the near relative of prosecutrix.

At the time of incident, prosecutrix was a child of below the age of 18 years. Appellant-accused committed penetrative sexual assault with the victim and she got pregnant and gave birth to a child. When the offence came to be

known then a crime was registered. During investigation, samples of appellant- accused, victim and child were collected and sent to State Forensic Science Laboratory, Sagar for DNA profiling. Report of State Forensic Science Laboratory, Sagar affirmed that child is the biological offspring of appellant- accused Premnath and victim.

Learned counsel for the State has opposed the application. Considering the relationship of appellant-accused with victim child and results of DNA profiling report (Ex.P-28), the appellant-accused does not

deserve for suspension of execution of sentence and enlargement on bail at present.

I.A. No.19469 of 2022 is rejected.

                                (RAVI MALIMATH)                                (GAJENDRA SINGH)
                                  CHIEF JUSTICE                                      JUDGE
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