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2025 Supreme(Online)(MP) 3893

HIGH COURT OF MADHYA PRADESH
Vijay Kumar Shukla, Prem Narayan Singh, JJ
Pappu @ Kartik – Appellant
Versus
The State of Madhya Pradesh – Respondent


Advocates:
For the Appellants/Petitioners: Shri Yogesh Kumar Gupta
For the Respondents: Shri H.S. Rathore, Shri Bheemsen Soni

Table of Content
1. conviction under ipc and pocso act for abduction and rape. (Para 2 , 3)
2. arguments regarding the age and consent of the prosecutrix. (Para 4)

Heard on I.A No.789/2025, which is first application under Section

430 of BNSS, 2023 for suspension of sentence filed on behalf of appellant Pappu@Kartik.

2. The appellant has been convicted under Section 363 , 366 of IPC and Section 5(L)/6 of POCSO Act and sentenced to undergo R.I for 1 year, 3 years, 20 years and fine of Rs.1000/-, Rs.1000/-, Rs.3000/- with default stipulation.

3. On 6/5/2025, this Court directed for verification of the no objection application filed by the prosecutrix by S.H.O Police Station, Talen District Rajgarh. A verification report has been filed in this regard, where the same has been found to be true. As per the prosecution case, it is alleged that the prosecutrix was abducted and was subjected to rape by the appellant.

4. Counsel for the appellant argued that as per the testimony of prosecutrix/PW-2 it is evident that she had gone to a different village alongwith the appellant and stayed for about 1 month. It is further argued that out of their relationship there is one female child who is aged more

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