LAWS(MPH)-2020-3-198

JAY CHIDHAR Vs. STATE OF M.P

Decided On March 13, 2020
Jay Chidhar Appellant
V/S
STATE OF M.P Respondents

JUDGEMENT

(1.) Heard on I.A. No.2103/2020, an application under Section 389 (1) of Cr.P.C . for suspension of sentence filed in respect of appellant.

(2.) The appellant has been convicted under Section 354 of IPC and sentenced to undergo RI 1 year with fine of Rs.2000/- and Section 8 of POCSO Act and sentenced to undergo RI 3 years with fine of Rs.2000/- with default stipulation.

(3.) Learned counsel for the appellant submitted that due to proximity of appellant with elder sister of victim, false case has been registered against the appellant and he is facing wrath of implication by which trial court convicted the appellant and awarded jail sentence as referred above. He referred the testimony of elder sister (PW-2) of victim and submitted that she accepted the fact that she was present in the photographs with the appellant. Those photographs are part of the record as Ex.B/1 to B/10. Due to animosity and castes related issues, false case registered against him. There is no likelihood for hearing of appeal in near future. He has good case on merits. Therefore, suspension of sentence may be allowed.