Madhya Pradesh High Court
Netrapal Singh vs The State Of Madhya Pradesh on 2 August, 2022
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7875 of 2018
(NETRAPAL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 02-08-2022
Shri Madan Singh, Advocate for the appellants.
Shri A.S. Baghel, Dy. G.A. for the respondent/State.
Learned Dy. G.A. informed that victim is served.
Heard on I.A.No. 4456/2021 third application for suspension of sentence and grant of bail to appellant No. 2 Popendra Kashyap, is taken up. Earlier applications of the appellant No. 2 were dismissed as not pressed and withdrawn vide orders dated 29.03.2019 and 06.12.2019.
The appellant has been convicted under Section 370 (ka) of the I.P.C and sentenced to undergo RI for 5 years and fine of Rs.5,000/- under Section 376(2)(n) of the I.P.C. and sentenced to life imprisonment and fine of Rs.20,000/-, under Section 120(b) of IPC, sentenced to undergo RI for 10 years and fine of Rs. 1000/-, under Section 5/6 of POCSO Act, 2012,sentenced to life imprisonment and fine of Rs.20,000/- and under Section 3(2)(v) of SC/ST Act, sentence to life imprisonment and fine of Rs. 10,000/-, with default stipulations respectively.
Learned counsel by taking this Court to the prosecution story submits that appellant has been falsely implicated. There is no clinching evidence against the present appellant. Appellant is in custody since July 2018.
The prayer is opposed by Shri Baghel, Dy. G.A. We have heard the learned counsel for the parties and perused the Signature Not Verified SAN objection. As per prosecution story two minor girls were taken away from the Digitally signed by ARVIND KUMAR MISHRA Date: 2022.08.03 13:22:52 IST custody of their parents. The younger one was found in the custody of Mohan 2 @ Manoj Sen and his wife Lalita at Delhi whereas the other one was found in the custody of present appellant Popendra Kashyap. The DNA report is positive and prima facie we find no reason to disbelieve the accuracy of such scientific evidence, thus no case is made out for suspension of sentence, I.A.No. 4456/2021 is dismissed.
List the appeal for final hearing in due course.
(SUJOY PAUL) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
MISHRA
Signature Not Verified
SAN
Digitally signed by ARVIND KUMAR
MISHRA
Date: 2022.08.03 13:22:52 IST