Shubham Chauhan vs The State Of Madhya Pradesh
2025 Latest Caselaw 4700 MP

Madhya Pradesh High Court

Shubham Chauhan vs The State Of Madhya Pradesh on 21 February, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                           1                                CRA-12152-2022
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                  CRA No. 12152 of 2022
                                        (SHUBHAM CHAUHAN Vs THE STATE OF MADHYA PRADESH )



                         Dated : 21-02-2025
                               Shri Ravi Ray Batham - Advocate for the appellant.

                               Shri Apoorv Joshi appearing on behalf of Advocate General.

                               1.

Heard on I.A. No.1838 of 2025 , which is second application under Section 389(1) of Code of Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of bail filed on behalf of appellant

Shubham Chouhan s/o Prem Chouhan.

2. The appellant has been convicted for the offence under Section 363, 366, 376 (3), 376(D) (A) of the IPC and sentenced to undergo 03 years, 07 years, 20 years and life imprisonment with fine of Rs.1000/-, Rs.1000/-, Rs.10,000/- and Rs.10,000/- and Section 5(L)/6 of POCSO Act, and sentenced to undergo 20 years R.I for life with fine of Rs.10,000/-with default stipulations respectively by Special Judge, POCSO Act, Barwah, District Mandleshwar vide judgment dated 18.11.2022 in Session Trial No.26/19.

3. Earlier application vide order dated 16.02.2024 was dismissed as withdrawn.

4. The trial Court has assessed the age of the prosecutrix as 14 years. She was kidnapped by three accused persons and thereafter, they had committed gang rape upon her. As per medical report, multiple chromosome was found on the inner wear of the prosecutrix. She duly identified the

2 CRA-12152-2022 appellants.

5. The appellant came up with a plea that his vehicle dashed with the vehicle Investigating officer, hence, he has falsely been implicated. However, no such complaint has been made against the investigating officer at the instance of the appellant.

6. Keeping in view gravity of the offence so also that the fact that the prosecutrix has duly identified the accused persons, we are not inclined to extend the benefit of grant of bail and suspension of remaining jail sentence to the appellant. Accordingly, I.A No.1838 of 2025 is rejected.

                                  (VIVEK RUSIA)                                 (PRANAY VERMA)
                                      JUDGE                                          JUDGE
                         jyoti