HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.503/2021
IN
S.B. Criminal Appeal No. 777/2021
Pappulal Meena S/o Latoorlal, Aged About 52 Years, R/o Manas
Gaon, Police Station Kaithun District Kota (At Present Confined
In Central Jail Kota)
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. Gajveer Singh Rajawat For Respondent(s) : Mr. Sher Singh Mahla, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 06/08/2021
1. Heard on application for suspension of sentence.
2. It is contended by counsel for the appellant that as per the complaint, the incident took place on 06.12.2018 and complaint was lodged on 28.12.2018. In defence, Ex.D-1 was produced which was the complaint lodged by the prosecutrix on 11.12.2018, wherein the incident on some dispute was mentioned, which took place on 07.12.2018. It is also contended that statement of prosecutrix has also been recorded under Section 161 Cr.P.C. which was produced as Ex.D-2 and no allegation with regard to rape was levelled. It is further contended that after an inordinate (Downloaded on 10/08/2021 at 10:32:47 PM) (2 of 3) [SOSA-503/2021] delay of twenty two days, complaint was lodged levelling therein the allegation with regard to rape against the present appellant as well as two unknown persons. It is also contended that appellant was on bail during trial. Total custody period of petitioner is seven months.
3. Learned Public Prosecutor has opposed the application for suspension of sentence.
4. I have considered the contentions.
5. Prosecutrix initially lodged a complaint on 11.12.2018, which was only pertaining to some dispute that took place on 07.12.2018. In her statement recorded under Section 161 Cr.P.C. in the earlier complaint, there was no allegation with regard to rape, however, after a delay of more than twenty days, the present complaint was lodged, wherein the allegation with regard to committing of rape on 06.12.2018 was made. Since the complaint was lodged by the prosecutrix herself on 11.12.2018 and there was no allegation with regard to rape being committed on 06.12.2018 and also taking note of the fact that appellant was on bail during trial, I deem it proper to allow the application for suspension of sentence.
6. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused- applicant in Sessions Case No.35/2019 CIS No.199/2019 shall remain suspended if the appellant furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the (Downloaded on 10/08/2021 at 10:32:47 PM) (3 of 3) [SOSA-503/2021] satisfaction of the learned trial Court to the effect that he shall appear before this Court as and when called upon to do so.
(PANKAJ BHANDARI),J ARTI SHARMA /25 (Downloaded on 10/08/2021 at 10:32:47 PM) Powered by TCPDF (www.tcpdf.org)