SHIVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Today this appeal was listed for consideration of I.A. No.14272/2025, which is a repeat (second) application under Sec. 430 of the Bhartiya Nagarik Suraksha Sanhita for suspension of jail sentence and grant of bail, however, this appeal is finally heard on the quantum of punishment.

(2.) The present Criminal Appeal has been filed under Sec. 374 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and sentence dtd. 11/7/2013 passed by the VIIth Additional Sessions Judge, Indore in Session Trial No.44/2013, whereby the appellant has been convicted for commission of offences punishable under Ss. 363 & 366 of the Indian Penal Code and sentenced to undergo 05 years rigorous imprisonment along with fine of Rs.1,000.00 and 07 years' rigorous imprisonment along with fine of Rs.2,000.00 respectively. The appellant has also been convicted under Sec. 376(2)(i)(m) of the IPC, Sec. 3/4, 5(i) (m)/6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo Life Imprisonment for remainder of the life along with fine of Rs.5,000.00. With default clause to further undergo 02 months', 06 months' & 01 year's additional rigorous imprisonment respectively.

(3.) On the same day at about 1:00 pm, Dr. Parvez from Choithram Hospital informed the police that victim has been brought to the hospital by her uncle Prakash for treatment. In fact, during the investigation of another, information was received at Rangwasa Phata Railway Line that a man had taken a young girl and they were going to apprehend him. Later on, Kamal came to know that his minor daughter was raped. Upon reaching the Choithram Hospital, it was revealed that the she had been taken to M.Y. Hospital. The police went on the spot and prepared a Naksha Panchnama and seized some articles from the spot, thereafter, the statements of witnesses were recorded. Thereafter, the FIR was lodged by the father of the victim. The police conducted the investigation and prepared the portrait of a person on the basis of information given by Ishwar from whose shop cold drink was bought. After conducting the Test Identification Parade and medical investigation, the present appellant was arrested. DNA samples of the accused were collected and sent of examination.