Hirdeshi vs The State Of Madhya Pradesh
2024 Latest Caselaw 5771 MP

Madhya Pradesh High Court

Hirdeshi vs The State Of Madhya Pradesh on 26 February, 2024

Author: Chief Justice

Bench: Chief Justice

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 10138 of 2022
                                                (HIRDESHI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-02-2024
                                  Shri Sanjay Kumar Malvi - Advocate for appellant.

                                  Shri Anubhav Jain - Public Prosecutor for respondent/State.

I A No. 25020 of 2023 is the first application preferred under Section 389(1) of the Cr.P.C for suspension of execution of sentence and grant of bail on behalf of appellant/accused - Hirdesi.

T he appellant/accused has been convicted under Section 6 read with Section 5(n) of the Protection of Children from Sexual Offences Act, 2012 and sentenced to rigorous imprisonment for 20 years and fine of Rs. 5,000/- with default stipulations vide judgment dated 26.09.2022 passed by Additional Sessions Judge, Junnardev, District Chhindwara in SC Case No.86/2020.

Prosecution case as found proved before the trial Court is that in the intervening night of 12th-13th of October, 2016, a child victim aged 16 years, 1 month and 5 days was sexually assaulted by the appellant/accused with co- accused Basodi @ Jhatti and other children in conflict with law forming a group

and they caused penetrative sexual assault one by one.

It is argued that appellant is in jail. He is at young age. No injury on the body of the prosecutrix was found and material contradictions and improvement have been ignored.

Public prosecutor has opposed the prayer.

Considering the testimony of child victim (PW-3), the appellant/accused does not deserve for suspension of execution of sentence and enlargement on bail at present.

Hence, IA No.25020 of 2023 is rejected.

                                 (RAVI MALIMATH)                            (GAJENDRA SINGH)
                                   CHIEF JUSTICE                                 JUDGE
                           DPS