GANESH Vs. STATE OF MADHYA PRADESH AND OTHERS

JUDGEMENT

(1.) With the consent, finally heard.

(2.) This is First Criminal Appeal under Section 14-A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act , 1989 of the appellant seeking suspension of sentence arising out of Crime No.15/2020 registered at Police Station-Kotwali, District-Damoh, (M.P.) for the offences registered under Section 323 , 342 , 366 , 376 , 376(2)(n) , 417 of IPC and under Section 3(2)(v) , 3(2) (v-A), 3(1)(w)(ii), of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act , 1989. The appellant is in jail since 09.02.2020.

(3.) Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. The prosecutrix is a major woman who went with the appellant on her own volition. She stayed with the appellant as per prosecution story for quite sometime. The additional documents/affidavit dated 06.12.2019 filed with I.A. No.6189/2020 also shows that the marriage was solemnized between them. The FIR was belatedly lodged. The statement of prosecutrix under Section 161 and 164 of Cr.P.C. are already recorded on 06.01.2020 and 07.01.2020. There is no justification in keeping the appellant in jail. Appellant will cooperate with the trial and will not influence the document and material in any manner.