DEEPU Vs. STATE OF M.P

JUDGEMENT

(1.) Matter is heard through Video Conferencing. Heard on I.A.No. 8156/2020, an application under Section 389 of Cr.P.C. for suspension of remaining jail sentence moved on behalf of sole appellant.

(2.) The instant appeal has been preferred by the appellant against the judgment; whereby, appellant has been convicted for offence under Section 376 (2)(i) of IPC and Section 4 of POCSO Act and sentenced to suffer 10 years RI with fine of Rs. 5,000/- and in default of payment of fine to further undergo one year RI.

(3.) It is the submission of learned counsel for the appellant that trial Court erred in convicting the appellant and awarding jail sentence as referred above. It is further submitted that false case has been registered against him. Appellant has already suffered almost four years incarceration. Prosecutrix did not support the story of prosecution and therefore, declared hostile. He fairly admits that DNA report is against the appellant because it stood