HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.976/2021
In
S.B. Criminal Appeal No. 1420/2020
Suraj S/o Shri Banda @ Bane Singh, R/o Village Birar, Police
Station Kaman, District Bharatpur (Raj.)
(At Present Confined In Central Jail Bharatpur)
----Accused-Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Yashwant Kankhedia, PP HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 09/11/2021 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 06.03.2020 passed by the Court of Special Judge, Protection of Children from Sexual Offences Act and Commission for Protection of Child Rights Act, No.2, Bharatpur in Sessions Case No.33/2018(29/2017), by which the appellant has been convicted under Sections 3/4 of the POCSO Act and Section 363 of IPC and sentenced to maximum term of ten years. (Downloaded on 11/11/2021 at 09:01:55 PM)
(2 of 3) It has been submitted on behalf of the appellant that he has been falsely implicated in this case. He has been convicted under Section 3/4 of the POCSO Act and Section 363 of IPC and sentenced to a maximum term of ten years of imprisonment. He has already served half of the sentence (about five years of imprisonment). There are several contradictions and infirmities in the prosecution evidence. The prosecutrix has alleged in her statement that four accused committed rape against her but the police has, after investigation, filed charge-sheet only against the present appellant. Prosecutrix was major at the time of incident and it is a case of consent. The evidence regarding date of birth of the prosecutrix is not reliable. School record has not been proved by sufficient and cogent evidence. One other case has been shown to be pending against the present appellant under Section 376 of IPC but he has been acquitted in that case vide judgment dated 04.09.2021. No other criminal case is pending against him. Decision of appeal is likely to take considerable time.
Learned Public Prosecutor has opposed the application for suspension of sentence.
Heard learned counsel for the parties and scanned the evidence available on record carefully.
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.
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(3 of 3) Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- appellant Suraj S/o Shri Banda @ Bane Singh shall remain suspended till disposal of this criminal appeal and he be released on bail, provided the appellant furnishes a 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 09th December, 2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J Hemant/19 (Downloaded on 11/11/2021 at 09:01:55 PM) Powered by TCPDF (www.tcpdf.org)