HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.559/2020
In
S.B. Criminal Appeal No. 703/2020
Arif @ Mohammad Arif @ Kallu S/o Mohammad Sabir, Aged
About 22 Years, R/o Village Piproli, Shiv Police Station Bela,
District Oriya, U.P.
(At Present Confined In Central Jail Jaipur)
----Accused-Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Lalit Gautam for Mr. Ajeet Singh Devanda For Respondent(s) : Mr. Imran Khan, PP HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 08/11/2021 Heard on application for suspension of sentence. The appellant has filed the appeal along with application for suspension of sentence.
This appeal has been preferred against the judgment of conviction and sentence dated 04.03.2020 passed by the Court of Special Judge, Protection of Children from Sexual Offence Act 2012 No.3, Jaipur Metropolitan, Jaipur in Sessions Case No.44/2019(27/2018) CIS No.30/2019, by which the appellant has been convicted under Sections 3/4 of the POCSO Act and (Downloaded on 10/11/2021 at 08:49:10 PM) (2 of 3) sentenced to maximum term of seven years.
It has been submitted on behalf of the appellant that the appellant has been falsely implicated in the case. The prosecutrix was major on the date of alleged incident. The appellant was on bail during trial and now, he is in judicial custody since the date of judgment of the trial court. He has been sentenced to a maximum term of seven years of imprisonment, out of which he has suffered almost three years of sentence. Statements of the prosecutrix are not reliable. She on her own free will, accompanied the appellant to different places. She also represented herself as wife of the appellant. Her statements are contradictory. No conviction can be based upon that evidence. There is no other reliable evidence against the appellant. Decision of appeal may take considerable time.
Learned Public Prosecutor has opposed the application for suspension of sentence.
Heard learned counsel for the parties. Taking into consideration the submissions of learned counsel for the appellant, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems just and proper to allow the application for suspension of sentence.
Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- appellant Arif @ Mohammad Arif @ Kallu S/o Mohammad Sabir shall remain suspended till disposal of this criminal appeal and he be released on bail, provided the appellant furnishes a (Downloaded on 10/11/2021 at 08:49:10 PM) (3 of 3) personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial court for his appearance in this Court on 08th December, 2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J Hemant/54 (Downloaded on 10/11/2021 at 08:49:10 PM) Powered by TCPDF (www.tcpdf.org)