Gulu Alias Jahoor Khan S vs The State Of Madhya Pradesh
2024 Latest Caselaw 15031 MP

Madhya Pradesh High Court

Gulu Alias Jahoor Khan S vs The State Of Madhya Pradesh on 20 May, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12571 of 2023 (GULU ALIAS JAHOOR KHAN S Vs THE STATE OF MADHYA PRADESH)

Dated : 20-05-2024 Shri Gopal Singh Baghel, learned counsel for the appellant.

Miss Nalini Gurung- P.L. appearing on behalf of Advocate General for the State.

Heard on I.A.No.23615/2023, an application for suspension of sentence & grant of bail.

A perusal of the judgment reveals that the appellant has been convicted

under Section 376(2) (f) (n) of IPC and has been sentenced to undergo RI for ten years and fine in the sum of Rs.10,000/-, also convicted under Sec. 363/34 of IPC and has been sentenced to undergo RI for 2 years and fine in the sum of Rs.2,000/ and also convicted under Section 366/34 of IPC and has been sentenced to undergo RI for 3 years and fine in the sum of Rs.3,000/- with default stipulation.

Learned counsel for the appellant submits that it is a case of consent. In this connection, learned counsel for the appellant has referred to deposition of PW-6 as well as PW-1. It is also urged that no injuries were found on the

person of the prosecutrix. Learned counsel for the appellant during submission submits that if the prosecutrix did not went with the appellant/accused on her own volition, then, whether she had gone for "Bhagwat Vachne". On above grounds, it has been prayed that the jail sentence of the appellant be suspended and he be released on bail.

Learned PL for the State has opposed the application. In view of deposition of PW-1 and PW-4, FSL report Ex.P/23 and

documents Ex.P/15 and P/14, this Court deem it not proper to suspend the jail sentence of the appellant.

Accordingly, IA No.23615/2023 is dismissed. List for final hearing in due course.

(ACHAL KUMAR PALIWAL) JUDGE

Hashmi