Sher Singh @ Tunda Parihar vs The State Of Madhya Pradesh
2024 Latest Caselaw 12215 MP

Madhya Pradesh High Court

Sher Singh @ Tunda Parihar vs The State Of Madhya Pradesh on 1 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                         CRA No. 15669 of 2023
                                          (SHER SINGH @ TUNDA PARIHAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-05-2024
                                  Mr. Harish Sharma - Advocate for the appellant.

                                  Mrs. Abha Mishra - Public Prosecutor for respondent/State.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing. Record of the trial court is received.

Also heard on I.A.No. 2609 of 2024, First application under Section

389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal under Section 374 (2) of Cr.P.C., 1973 assails the judgment dated 28.11.2023 passed by First Additional Sessions Judge, Karera, District Shivpuri in SC No. 32/2020, whereby, appellant has been convicted under Section 3 read with Sec. 4(1) of POCSO Act and sentenced him to undergo maximum ten years RI with maximum fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellant argued that appellant has wrongly been convicted by the learned trial Court. It is further argued that entire prosecution

story is false and fabricated in the light of the fact that Prosecutrix/(PW/1), brother of prosecutrix/PW/2 and mother of prosecutrix/(PW/3) have not supported the case of the prosecution and turned hostile. It is further argued that aforesaid witnesses stated in their statements that prosecutrix was major at the time of incident which is corroborated by ossification report/(Ex. P/10) and according to which, she was found to be above 18 years and below 20 years. The appellant has already suffered incarceration of ten months out of total

awarded sentence of ten years. Under these circumstances, he prayed to suspend the jail sentence of the appellant and release him on bail.

Head learned counsel for the rival parties and perused the record. Considering the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I.A.No. 2609 of 2024 is allowed and the sentence of appellant shall remain suspended subject to payment of fine amount as imposed by the trial court and on furnishing personal bond in the sum of Rs.50,000/- along with one solvent surety in the like amount to the satisfaction of the trial Court.

The appellant shall appear before the Office of this Court on 29.07.2024

and other dates as may be fixed by this Office in this regard from time to time till final disposal of the instant appeal.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)