Buddhesh @ Hetram vs State Of Madhya Pradesh

Learned counsel appearing for both the parties not ready to argue on I.A.No.14470/2019, application filed under Section 320 (2) of the Cr.P.C and also I.A.No.14471/2019 application for granting the permission for compounding in the appeal and the application for compounding the appeal.

Heard on I.A.No.5901/2019, this is second application filed by appellant under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to the appellant.

The appellant stands convicted for the offence punishable under Section 363 of the IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1,000/-, Section 366 of the IPC and sentenced to undergo R.I. for 7 years with fine of Rs.2,000/-, and Section 376 of the IPC and sentenced to undergo R.I. for 10 years with fine of Rs.5,000/- with default stipulations.

This is the repeat second application, learned counsel appearing on behalf of the appellant submits that the prosecutrix compounded the offence with the appellant and also filed application for compounding the matter in this appeal.

Perused the statement of prosecutrix and judgement. In the paragraph no.14 of the judgement, age of the prosectrix concluded by the trial Court was 13 at the time of the incidence.

Learned counsel appearing on behalf of the appellant submits that the trial Court has not considered the age of the prosecutrix properly.

After perused of the statement and evidence adduced during trial by the prosecution and considering the age of the prosecutrix, this Court is not inclined to suspend the further custodial awarded sentence of the appellant.

Hence, I.A.No.5901/2019 is dismissed.