Arvind Choudhary Son Of Shri ... vs State Of Rajasthan
2021 Latest Caselaw 3448 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence Application
                               No. 71/2020
                                       IN
                S.B. Criminal Appeal No. 86/2020

Arvind Choudhary Son Of Shri Omprakash, Aged About 19 Years,
Resident Of Village Salavaali, Tehsil Sihodi, Trilokpura, P.s.
Ajeetgarh, District Sikar, (Raj.) (At Present In Central Jail Jaipur.)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Appellant(s) : Ms. Prathishtha Sunger, through VC For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

05/08/2021

1. Heard on application for suspension of sentence.

2. It is contended by counsel for the appellant that the

appellant has remained in custody for a period of three years and

seven months. It is also contended that prosecutrix did not raise

any alarm and stayed with the appellant for a pretty long time.

3. Learned Public Prosecutor has opposed the application for

suspension of sentence. It is contended that prosecutrix is a

thirteen year old girl who in her Court statement has levelled

allegations of rape against the appellant.

4. I have considered the contentions.

5. Taking note of the fact that the prosecutrix was aged thirteen

(2 of 2) [CRLAS-86/2020]

years. Even the argument that she went on her own free will and

it was a matter of consent, the same cannot be made a ground for

allowing the application for suspension of sentence, as consent is

immaterial as the victim was aged only thirteen years and ten

months at the time of the alleged offence. I do not find any

ground for allowing the application for suspension of sentence.

6. Considering the contentions of counsel for the State, I am

not inclined to entertain the application for suspension of

sentence.

7. Accordingly, the application for suspension of sentence is

dismissed.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /34

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