Madhya Pradesh High Court

Mahendra Lodhi vs The State Of Madhya Pradesh on 1 April, 2025

Author: Atul Sreedharan

Bench: Atul Sreedharan

                                                              1                                CRA-3722-2023
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                       CRA No. 3722 of 2023
                                       (MAHENDRA LODHI Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 01-04-2025
                                 Shri Hakim Khan - Advocate for the appellant.
                                 Shri A.N. Gupta - Government Advocate for the respondent/State.

Heard on I.A. No.27349/2023, which is the second application for suspension of sentence and grant of bail to the appellant herein.

The appellant has been convicted vide judgment dated 25.02.2023

passed by Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act], District Sehore, in Special Case No.08/2021 for the offences punishable under Sections 376 D of IPC read with 3(2)(v) of SC/ST (Prevention of Atrocities Act, 1989) and sentenced to undergo life imprisonment with fine of Rs.5,000/- and under Section 506 (Part-II) of IPC read with 3(2)(v-a) of SC/ST (Prevention of Atrocities Act,1989) and sentenced to undergo R.I. for six months with fine of Rs.500/- with default stipulations.

Learned counsel for the appellant has argued that the prosecutrix in her

164 statement and in Court statement does not state that the appellant had committed rape with her and that the DNA report fixes to other accused and not the appellant herein.

Learned counsel for the State, on the other hand has submitted that the prosecutrix has stated very clearly that the appellant stood outside the scene of occurrence standing watch to ensure that no one was coming while the

2 CRA-3722-2023 other co-accused persons have taken turns in raping. The prosecutrix is stated to have been pregnant at the time of the rape.

After arguing for a while, learned counsel for the appellant wants to withdraw I.A. No.27349/2023.

The same is dismissed as withdrawn with liberty to file afresh after the minimum sentence period related to the offence under Section 376D is over.

(ATUL SREEDHARAN) (DEVNARAYAN MISHRA) JUDGE JUDGE b