Rajasthan High Court
Pappulal Meena S/O Latoorlal vs State Of Rajasthan on 6 August, 2021
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.503/2021
IN
S.B. Criminal Appeal No. 777/2021
Pappulal Meena S/o Latoorlal, Aged About 52 Years, R/o Manas
Gaon, Police Station Kaithun District Kota (At Present Confined
In Central Jail Kota)
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. Gajveer Singh Rajawat
For Respondent(s) : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
06/08/2021
1. Heard on application for suspension of sentence.
2. It is contended by counsel for the appellant that as per the
complaint, the incident took place on 06.12.2018 and complaint
was lodged on 28.12.2018. In defence, Ex.D-1 was produced
which was the complaint lodged by the prosecutrix on 11.12.2018,
wherein the incident on some dispute was mentioned, which took
place on 07.12.2018. It is also contended that statement of
prosecutrix has also been recorded under Section 161 Cr.P.C.
which was produced as Ex.D-2 and no allegation with regard to
rape was levelled. It is further contended that after an inordinate
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delay of twenty two days, complaint was lodged levelling therein
the allegation with regard to rape against the present appellant as
well as two unknown persons. It is also contended that appellant
was on bail during trial. Total custody period of petitioner is seven
months.
3. Learned Public Prosecutor has opposed the application for
suspension of sentence.
4. I have considered the contentions.
5. Prosecutrix initially lodged a complaint on 11.12.2018, which
was only pertaining to some dispute that took place on
07.12.2018. In her statement recorded under Section 161 Cr.P.C.
in the earlier complaint, there was no allegation with regard to
rape, however, after a delay of more than twenty days, the
present complaint was lodged, wherein the allegation with regard
to committing of rape on 06.12.2018 was made. Since the
complaint was lodged by the prosecutrix herself on 11.12.2018
and there was no allegation with regard to rape being committed
on 06.12.2018 and also taking note of the fact that appellant was
on bail during trial, I deem it proper to allow the application for
suspension of sentence.
6. Accordingly, the application for suspension of sentence is
allowed. It is ordered that the sentence awarded to accused-
applicant in Sessions Case No.35/2019 CIS No.199/2019 shall
remain suspended if the appellant furnishes a personal bond of
Rs.1,00,000/- (Rupees One Lac only) together with two sureties in
the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the
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satisfaction of the learned trial Court to the effect that he shall
appear before this Court as and when called upon to do so.
(PANKAJ BHANDARI),J
ARTI SHARMA /25
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