Former medical student convicted of rape must stay in jail pending appeal, Calgary judge rules

A former medical student who was found guilty last year of raping an unconscious woman at a Calgary party has been denied release from custody while he appeals his conviction.

Prachur Shrivastava, 27, was sentenced to 45 monthsin prison last month after being convicted of sexual assault in the 2014 case.

He had been at a party with other medical students when he sexually assaulted a woman who had passed out in the living room.

Shrivastava's notice of appeal says the sentence imposed is harsh and excessive. He's seeking either an acquittal or a new trialby judge and jury. Barring that, he is seeking permission to appeal his sentence.

Alberta Court of Appeal Justice Bruce McDonald ruled on Wednesday Shrivastava must stay in jail pending his not-yet-scheduled appeal.

"The applicant was convicted of a serious crime, sexual assault, and his grounds of appeal are frivolous, or arguably, the strongest ground barely meets the standard of not being frivolous. In this case, enforceability outweighs reviewability," he said in his written decision.

The victim's identity remains protected by a court-ordered publication ban.