HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.1956/2019
IN
S.B. Criminal Appeal No. 2757/2019
[email protected] S/o Jassu Khan, R/o Lalawandi Police Station
Ramgarh Distt. Alwar Presently Multan Nagar Divakari Police
Station N.e.b. Alwar Distt. Alwar (At Present The Accused
Petitioner Is Confined In The Central Jail Alwar)
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. Manish Gupta
For Respondent(s) : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
10/08/2021
1. Heard on application for suspension of sentence.
2. It is contended by counsel for the appellant that at the time of recovery of the girl, appellant was not present. Appellant has been made an accused as the main accused in this case was Principal of the school. It is also contended that from the medical report, it is evident that hymen was fresh torn and that was torn within twelve hours of the examination. It is further contended that from the statement, it is not revealed that the prosecutrix was raped within twelve hours prior to the time of the examination. It is also contended that the appellant has remained in custody for a period of about four years and six months. (Downloaded on 13/08/2021 at 09:25:52 PM)
(2 of 2) [SOSA-1956/2019]
3. Learned Public Prosecutor has opposed the application for suspension of sentence. It is contended that prosecutrix is a child, aged sixteen years. She was taken away by the appellant, who happens to be her teacher. It is also contended that the prosecutrix in her Court statement has specifically levelled allegation with regard to rape against the appellant.
4. I have considered the contentions.
5. Considering the contentions of counsel for the State, I am not inclined to entertain the application for suspension of sentence.
6. Accordingly, the application for suspension of sentence is dismissed.
(PANKAJ BHANDARI),J ARTI SHARMA /7 (Downloaded on 13/08/2021 at 09:25:52 PM) Powered by TCPDF (www.tcpdf.org)