HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence App. No. 1015/2021
IN
S.B. Criminal Appeal No. 1660/2021
Latoor Lal S/o Deva Meena, Aged About 38 Years, R/o Bhojgarh
Police Station Basoli, District Bundi (Raj) (Presently Confined In
District jail Bundi )
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Amitabh Vijaywargia For Respondent(s) : Mr. Ganesh Saini, PP HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 29/11/2021
1. Heard on application for suspension of sentence.
2. The appellant has filed the appeal along with application for suspension of sentence.
3. The appeal has been preferred against the judgment dated 13.08.2021 passed by court of Special Court, POCSO Act and Commission for Protection of Child Rights Act, 2005, No. 2, Bundi (Raj.) in Sessions Case No. 103/2020 by which the appellant has been convicted for offence/s under Sections 447, 376 of IPC and sentenced to maximum term of ten years imprisonment.
4. It has been submitted by learned counsel for the (Downloaded on 30/11/2021 at 09:24:59 PM) (2 of 3) [SOSA-1015/2021] appellant that appellant has been falsely implicated in the case. There are several material contradictions and infirmities in the prosecution evidence. PW1-prosecutrix has stated in her examination that the offence was committed by the appellant in 20 feet deep pit in the farm. Due to which, there were injuries on her legs. Foru Lal came there and tried to stop the appellant, then appellant ran behind Foru Lal holding a kulhadi in his hand. In her statements given to the police Ex.D1, she has stated that her husband was working in nearby farm. But her husband has stated that his wife reported the matter to him in the evening. Doctor- PW4 has stated that during medical examination of the prosecutrix, no external injuries were found on her body. PW6- Manohari, PW8-Foru Lal have turned hostile and not supported the prosecution case. Appellant is behind bars since 30.07.2020. Hearing of the appeal may take long time.
5. Learned Public Prosecutor has opposed the application for suspension of sentence.
6. Heard learned counsel for the parties and scanned the evidence available on record.
7. Taking into consideration the submissions of learned counsel for the parties, evidence available on record and overall facts and circumstances of the case but without commenting upon merits of the case, this Court deems just and proper to allow the application for suspension of sentence.
8. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- appellant Latoor Lal S/o Deva Meena shall remain suspended till (Downloaded on 30/11/2021 at 09:24:59 PM) (3 of 3) [SOSA-1015/2021] disposal of this criminal appeal and he shall be released on bail provided the appellant furnishes a personal bond of Rs. 1,00,000/- (One Lakh) and two sureties of Rs.50,000/- (Fifty Thousand) each to the satisfaction of the learned trial Court for his appearance in this Court on 03.01.2022 and as and when called upon to do so.
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