KAMLESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.5595/2021 an application (third application) for suspension of execution of sentence awarded to the appellant and grant of bail. Earlier applications have been dismissed as withdrawn as under:- I.A. No. 24822/2017 on 24/10/2018 I.A. No. 14075/2019 on dtd. 19/2/2020.

(2.) Vide judgment dtd. 4/10/2017 in S.T. No. 01/2016 passed by learned 1nd ASJ, Balaghat, Distt.-Balaghat M.P., the appellant has been convicted for the offence punishable under Ss. 363 of IPC and has been sentenced to undergo R.I. for 3 years with a fine of Rs.2,000.00, Sec. 366 of IPC and sentenced to undergo R.I. for 7 years with a fine of Rs.2,000.00, Sec. 376(1) of IPC and sentenced to undergo R.I. for 10 years with a fine of Rs.2,000.00 and Sec. 4 of POCSO Act and has been sentenced to undergo R.I. for 7 years with a fine of Rs.2,000.00 with default stipulation in each.

(3.) As per prosecution case, on dtd. 29/10/2015, prosecutrix aged 16 years was missing from her house. She was searched but not found. FIR was lodged. Thereafter, prosecutrix was recovered on dtd. 3/11/2015. It is alleged by the prosecution that appellant-accused took her and committed intercourse with her.