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2023 Supreme(MP) 764

ROHIT ARYA, SATYENDRA KUMAR SINGH
Manoj @ Arjun Rajput – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Nitin Goyal, Advocate, A.K. Nirankari, Advocate

JUDGMENT

1. Heard on IA. No.1062/2023, which is first application under Section 389 (1) of Cr.P.C. seeking suspension of sentence and grant of bail moved on behalf of sole appellant.

2. Appellant stands convicted under Section 363 of IPC and sentenced to undergo R.I. for 1 Year with a fine of Rs.500/-, under Section 366 of IPC and sentenced to undergo R.I. for 1 Year with a fine of Rs.500/-, under Section 376(2)(N) of IPC and sentenced to undergo R.I. for 15 Years with a fine of Rs.1,000/-, under Section 5(L)/6 of POCSO and sentenced to undergo R.I. for 15 Years with a fine of Rs.1,000/-, under Section 5(J)(ii)/6 of POCSO and sentenced to undergo R.I. for 15 Years with a fine of Rs.1,000/-, with default stipulations vide judgment of conviction and order of sentence dated 20.07.2022 passed by the Special Judge (POCSO Act) Guna, District Guna in Special Case No.149/2019.

3. The appellant so far as has undergone jail sentence since 26.12.2019.

4. As per prosecution story, a missing report was filed on 22.9.2018 inter alia stating that the appellant is alleged to have manipulated the prosecutrix and eloped with her. The missing corpus of prosecutrix was recovered on 25.12.2019 and the appe

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