Bhuriya @ Bhawar Singh vs The State Of Madhya Pradesh
2025 Latest Caselaw 3359 MP

Madhya Pradesh High Court

Bhuriya @ Bhawar Singh vs The State Of Madhya Pradesh on 27 January, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                                1                              CRA-10921-2024
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                       CRA No. 10921 of 2024
                                          (BHURIYA @ BHAWAR SINGH Vs THE STATE OF MADHYA PRADESH )



                           Dated : 27-01-2025
                                    Shri Manish Yadav, learned counsel for the appellant.
                                    Shri H.S.Rathore, learned GA for the respondent/State.

Per Gajendra Singh, J:

I.A.No.17968/24 is filed under section 430 of the B.N.S.S, 2023 for suspension of execution of the sentence of appellant/accused Bhuriya @

Bhawar Singh. Appellant/accused Bhuriya @ Bhawar Singh has been convicted under sections 376(3), 376(2(n) of the IPC and section 6 r/w section 5(l) and section 4(2) of the POCSO Act, 2012 and sentenced under section 6 r/w section 5(l) of the POCSO Act, 2012 for 20 years RI with fine of Rs.10,000/- with default stipulation vide judgment dated 23.12.2023 in special sessions case no.8/2022 by Special Judge, POCSO Act/4th Addl. Sessions Judge, Shajapur.

Appellant/accused has been convicted and sentenced for committing penetrative sexual assault reportedly towards a victim of 15 years 4 months

and 27 days and crime no.03/2022 was registered in police station Akodiya Mandi, district Shajapur. This application is preferred on the ground that he has not assaulted the victim, witnesses turned hostile and no case under the POCSO Act, 2012 is made out. Appellant/accused is jail since more than 4 years. There are contradictions and omissions in the statement of the prosecution witnesses. The prosecution failed to prove its case beyond

2 CRA-10921-2024 reasonable doubt. The sentence awarded is excessive.

State opposed the application by filing reply through document no.12771/24 submitting that the age of the victim has been duly proved through document Ex.P/25, Ex.P/48-C, Ex.P/55 and the testimony of PW/20 as 15 years, 4 months and 20 days on the basis of date of birth as 28.07.2006. The prosecution case has been duly proved by the DNA finger print report Ex.P/70 which has clearly stated male DNA profile of appellant/accused Bhuriya @ Bhawar Singh was found on the salvar, vagina slide and pubic hair of victim/deceased.

It is also argued that the appellant/accused has completed incarceration of more than 4 years is also against the record as the appellant/accused was taken into custody only on 04.01.2022 vide Ex.P/13.

Perused the record.

Considering the testimony of PW/20 regarding date of birth of victim/deceased as 28.07.2006 and the DNA finger print report Ex.P/70, we are not inclined to suspend the sentence of the appellant/accused at present, hence IA No.17968/24 is rejected.

                                   (VIVEK RUSIA)                               (GAJENDRA SINGH)
                                       JUDGE                                        JUDGE
                           hk/