NARESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.2213/2022, which is an application under Sec. 389(1) of Cr.P.C. for suspension of sentence filed on behalf of appellant - Naresh.

(2.) The trial Court has convicted the appellant under Ss. 363, 366, 376(2)(N) and 376(2)(I) of IPC and Sec 5(L)/6 of POCSO ACT and sentenced him to undergo 07 years RI with fine of Rs.2000.00, 10 years RI with fine of Rs.2000.00 and 10 years' RI with fine of Rs.2,000.00 with default stipulation, vide judgment of conviction and order of sentence dtd. 8/5/2018 passed by 1st Additional Sessions Judge District Jhabua in S.T.No.96/2017.

(3.) Learned counsel for the appellant submits that prosecutrix was major at the time of incident. Appellant and prosecutrix are known to each other and they were having affair. They solemnized their marriage and blessed with two children and all of them are living together. Hence, learned trial Court has committed error in holding the appellant guilty. Appellant has been falsely implicated. Moreso, appellant is in custody since 28/1/2022. There is no likelihood of early conclusion of the trial. Therefore, in the aforesaid circumstances prays for suspension of sentence and enlargement of appellant on bail, on such terms and conditions this Court deems fit and proper.