GAURAV KUSHWAH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Record of the lower court has been received.

(2.) Heard on I.A. No.23982/2017, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant. The appellant-accused has filed this appeal against the conviction and sentence dated 28/11/2017 passed by Vth Additional Sessions Judge, Raisen in Session Trial No.145/2017 convicting the appellant-accused under Sections 506 and 377 of the IPC read with Section 5(M)/6 of the POCSO Act and sentencing him to undergo R.I for 1 year with fine of Rs.2000/- and R.I for 10 years with fine of Rs.1000/- for the respective offences with default stipulations, as mentioned in the impugned judgment.

(3.) Learned counsel for the appellant submitted that appellant is innocent, he is in custody since 28/11/2017. At the time of incident, he was 16 years old and he has been convicted only on the basis of evidence of victim, who lodged the FIR after ten days without explaining the cause of delay and his statement is also not supported by the medical evidence. Therefore, it cannot be said that the prosecution has succeeded to prove the charge beyond reasonable doubt. If the applicant is not enlarged on bail, then his right to file appeal would be frustrated. During trial the applicant was on bail and there is no likelihood of his absconding or indulging in any offence, hence the application be allowed.