MANOJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on IA. No.1062/2023, which is first application under Sec. 389 (1) of Cr.P.C. seeking suspension of sentence and grant of bail moved on behalf of sole appellant.

(2.) The appellant so far as has undergone jail sentence since 26/12/2019.

(3.) Learned counsel for appellant submits that as regards age of the prosecutrix though in the school certificate, her date of birth is recorded as 25/5/2002 (Ex.P/4) but in para 3 of cross-examination of her father (PW-1), it is stated that he had solemnized marriage in the year 1980 and after two years, her daughter Rabina was born and after five years, son Dharmendra was born and thereafter five years, the present prosecutrix was born i.e. in the year 1992. As such, there is a stark variation in the school certificate as well as the natural date of birth, as per statement of the father of the prosecutrix.