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2020 Supreme(MP) 1149

VIVEK RUSIA, S.K.AWASTHI
Nanu – Appellant
Versus
State of M. P. – Respondent


Advocates:
Vivek Singh for appellant; G.S. Chouhan, Panel Lawyer for respondent /State.

JUDGMENT

1. This appeal is listed on IA No.1438/2020, i.e. an application filed under section 389 CrPC seeking suspension of sentence on behalf of the appellant along with IA No.7541/2020, an application for urgent hearing during lock- down period.

2. At the very outset Shri Vivek Singh, learned counsel for the appellant submits that he does not wish to press the application for suspension of sentence and the appeal on merit but only praying for reduction of sentence awarded to the appellant from half of the life imprisonment to 10 years RI by way of final disposal of the appeal.

Facts of the case in short are as under :

3. As per prosecution story complainant Smt. Surajbai, a resident of Shukla Nagar, Indore (near the Mataji temple) lodged a police report that her daughter (hereinafter referred to as 'the prosecutrix'), aged about two and half years was playing in front of her house and while playing she went inside the house of the present accused/appellant. When she did not find her, she started searching. She heard the sound of crying from the house of the appellant, immediately, she entered inside his house and found the appellant was lying naked over her daughter and trying to

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