Kishan vs State Of Rajasthan
2021 Latest Caselaw 8720 Raj

(1 of 2) [SOSA-785/2018]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 785/2018

Kishan S/o Sh. Chhogaji, Aged About 19 Years, B/c Bheel, Mona Colony, Bhatakda, Distt. Sirohi (Raj) (Presently Lodged In Distt. Jail , Sirohi)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Pradeep Shah, Adv. For Respondent(s) : Mr. Mool Singh Bhati, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

01/04/2021

Heard learned counsel for the appellant as well as learned

Public Prosecutor and perused the material available on record.

Learned counsel for the appellant submits that the mother

and father of the prosecutrix have specifically stated that the

prosecutrix did not go to any school and they have not prepared

any 'Janamkundali' for her marriage. Counsel further submits that

the prosecutrix herself mentioned in her statement that she was

aged about 16 years at the time of incident but that is not a

conclusive evidence with regard to the age of the prosecutrix. The

appellant is inside the jail since 24.06.2016. In such

circumstances, it is prayed that the sentence of the appellant may

be suspended and he may be released on bail.

Per contra, learned Public Prosecutor submits that the

prosecutrix was only 16 years of age at the time of incident and

(2 of 2) [SOSA-785/2018]

she specifically stated in her statement that the petitioner had

committed rape with her. In such circumstances, learned Public

Prosecutor prays for dismissal of the application for suspension of

sentence.

Having regard to the arguments advanced before me and

taking into consideration the facts that the prosecutrix was only

16 years of age at the time of incident and she specifically levelled

allegation of committing rape against the petitioner, in such

circumstances, I am not inclined to suspend the sentence of the

petitioner.

Hence, the instant application for suspension of sentence is

hereby dismissed.

(MANOJ KUMAR GARG),J 161-MS/-

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