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2021 Supreme(MP) 553

RAJENDRA KUMAR SRIVASTAVA
Kamlesh – Appellant
Versus
State of M. P. – Respondent


Advocates:
Ms. Ashmita Mukhopadhyay for appellant; Dinesh Patel, Panel Lawyer for respondent/State.

ORDER

1. Heard on I.A. No.5595/2021 an application (third application) for suspension of execution of sentence awarded to the appellant and grant of bail. Earlier applications have been dismissed as withdrawn as under :-

I.A. No. 24822/2017 on 24.10.2018

I.A. No. 14075/2019 on dated 19.2.2020.

2. Vide judgment dated 4.10.2017 in S.T. No. 01/2016 passed by learned 1nd ASJ, Balaghat, Distt.-Balaghat M.P., the appellant has been convicted for the offence punishable under section 363 of IPC and has been sentenced to undergo R.I. for 3 years with a fine of Rs. 2,000/-, section 366 of IPC and sentenced to undergo R.I. for 7 years with a fine of Rs. 2,000/-, section 376(1) of IPC and sentenced to undergo R.I. for 10 years with a fine of Rs. 2,000/- and section 4 of POCSO Act and has been sentenced to undergo R.I. for 7 years with a fine of Rs. 2,000/- with default stipulation in each.

3. As per prosecution case, on dated 29.10.2015, prosecutrix aged 16 years was missing from her house. She was searched but not found. FIR was lodged. Thereafter, prosecutrix was recovered on dated 3.11.2015. It is alleged by the prosecution that appellant-accused took her and committed intercourse with her.

4.

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