VISHNU Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on I.A.No.372/2020, which is the first application under Section 389 (1) of Cr.P.C . for suspension of jail sentence on behalf of the appellant Vishnu.

(2.) The appellant has been convicted for offence punishable under Section 376(1) and 506 (Part-II) of I.P.C. and sentenced to undergo 7 year R.I., 1 year R.I. and fine of Rs.2,000/-, Rs.1,000/- with default stipulation vide judgment dated 30.11.2019 passed by 2nd Additional Session Judge , Garoth, District Mandsaur in S.T. No.62/2016.

(3.) Learned counsel for the appellant has submitted that appellant was on bail during the trial and he did not misuse the liberty so granted to him. It is also submitted that the prosecutrix is married lady aged about 22 years. The incident alleged to have been taken place on 17.01.2016 however, FIR has been lodged on 24.01.2016 after delay of 7 days and no plausible explanation has been offered by the prosecurix regarding delay in lodging the FIR. It is further submitted that from the cross- examination of the prosecutrix, it appears that she was having opportunity to raise alarm or take assistance of other persons but neither she raised any alarm nor tried to escape from the place of incident. It is further contended that according to the MLC report no internal or external injuries were found on the person of the prosecutrix. There are fair chances of success of this appeal and there is no likelihood of hearing of the appeal in near future. If the remaining custodial sentence of the appellant is not suspended then appeal filed by the appellant may turn infructuous. The appellant is ready to deposit the fine amount. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant .