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2021 Supreme(MP) 777

ATUL SREEDHARAN, SUNITA YADAV
RAKESH KUSHWAHA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


JUDGMENT SUNITA YADAV, J. : – Heard on IA No. 4903/2020 an application under section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence filed on behalf of the appellant-Rakesh Kushwaha.

2. The appellant stands convicted for the offences punishable under section 363 of Indian Penal Code and has been sentenced to undergo RI for 3 years with a fine of Rs. 500/-, section 376(3) of Indian Penal Code and has been sentenced to undergo RI for 22 years with a fine of Rs. 5,000/-, section 354 of Indian Penal Code and has been sentenced to undergo R.I. for 3 years with a fine of Rs. 500/-, section 5(n) read with section 6 of the Protection of Children from Sexual Offences Act, 2012, and has been sentenced to undergo R.I. for 20 years and fine of `5,000/-, and section 9/10 of the Protection of Children from Sexual Offences Act, 2012, and has been sentenced to undergo R.I. for 5 years with a fine of Rs. 1,000/-, with default stipulations.

3. While hearing the aforesaid IA, it reveals that initially the charge-sheet under section 354 of Indian Penal Code and section 7/8 of the Protection of Children from Sexual Offences Act, 2012 was filed against the appellant/accused. Th

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