Golu @ Umashankar vs The State Of Madhya Pradesh
2024 Latest Caselaw 5696 MP

Madhya Pradesh High Court

Golu @ Umashankar vs The State Of Madhya Pradesh on 23 February, 2024

Author: Chief Justice

Bench: Chief Justice

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                      CRA No. 8696 of 2022
                                     (GOLU @ UMASHANKAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 23-02-2024
                                 Shri Ashok Kumar Shah - Advocate for appellant.

                                 Shri Yogesh Dhande- Public Prosecutor for respondent/State.

I A No. 1347 of 2023 is the first application preferred under Section 389(1) of Cr.P.C for suspension of execution of sentence and to enlarge the appellant/accused- Golu @ Uma Shankar on bail.

The appellant/accused- Golu @ Uma Shankar has been convicted under Section 376AB of IPC and under Section 6 r/w Section 5(M) of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo rigorous imprisonment for a period of 20 years with fine of Rs. 50000/- with default stipulations.

Prosecution case as found proved by the trial Court is that the appellant/accused committed aggravated penetrative sexual assault with victim (PW-1) aged 03 years, 09 months and 19 days on 03-06-2020.

The Public Prosecutor has opposed the prayer.

Looking to the testimony of child victim (PW-1) reproduced in paragraph-23 and 62 of the judgment and the result of DNA profiling report Ex. P/31 and the age of the child victim, we do not find any ground to enlarge the appellant/accused- Golu @ Uma Shankar on bail at present. Hence, IA No. 1347 of 2023 is rejected.

                               (RAVI MALIMATH)                                      (GAJENDRA SINGH)
                                 CHIEF JUSTICE                                           JUDGE

                          PG