Santosh Saini vs State Of Madhya Pradesh

Heard on I.A.No.8303/2020, which is first application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment dated 30.01.2020 passed by the Special Judge SC/ST (Prevention of Atrocities) Act, 1989, Harda District Harda in Special Session Trial No. 75/2018 for offences punishable under Section 376 of the Indian Penal Code and sentenced to undergo R.I. for 10 years with fine of Rs. 10,000/- and Section 506(2) of the Indian Penal Code and sentenced to undergo R.I. for 1 year and default stipulations.

Learned counsel for the appellant submits that the appellant has been falsely implicated by the prosecutrix. The FIR has been lodged after a delay of 09 days. There is no evidence available against the appellant. He is convicted by the trial Court solely on the basis of statement of the prosecutrix. Therefore, the substantive jail sentence of the appellant be suspended and he be released on bail.

Learned Panel Lawyer for the respondent/State has vehemently opposed the application.

As per the prosecution case, the prosecutrix is a handicapped person. She is a married lady. Appellant was residing with family of the prosecutrix as he was working with her husband. Appellant committed rape with the prosecutrix while she was alone.

Considering the testimony of the prosecutrix and the findings recorded by the trial Court, this Court is not inclined to suspend the jail sentence of the appellant.

Hence, I.A.No. 8303/2020 stands rejected.

List the case for final hearing in due course.