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Judgment
8 paragraphs · 295 wordsVishnu Pratap Singh Chauhan, J
Heard on this fourth application i.e. I.A. No.2303/2020 under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to the appellant-Dadu @ Shiva Dhemar.
The appellant stands convicted for the offence punishable under Section 363/34 of IPC and sentenced to undergo R.I. for 3 years along with fine of Rs.1,000/-, Section 366/34 of IPC and sentenced to undergo R.I. for 3 years along with fine of Rs.1,000/-, Section 376 (D) of IPC and sentenced to undergo R.I. for 10 years along with fine of Rs.1,000/- and Section 5-G/6 of POCSO Act and sentenced to undergo R.I. for 10 years along with fine of Rs.1,000/-, with default stipulation. Being aggrieved by that conviction and sentence, the appellant has filed this appeal.
His earlier three applications have been dismissed by this Court vide order dated 16.12.2016, 24.04.2019 and 30.11.2019 respectively.
Heard learned counsel for the parties and perused the statement of prosecutrix recorded during trial. The prosecutrix categorically stated in her statement that she was 16 years old at the time of incident. She went to wash hands and legs on the well. Coincidentally, power went off and the applicant after taking advantage of darkness forcibly took the prosecutix in a lonely place, where the appellant along with other co-accused after stripping her clothes committed gang rape upon her.
Medical examination report as well as FSL report also supported the statement of prosecutrix.
Considering the facts and circumstances of the case as discussed Consequently, I.A. No.2303/2020 filed on behalf of the appellant under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail deserves to be and is accordingly dismissed.
List the matter for final hearing in due course.