Indrajeet Singh S/O Late Sardar ... vs State Of Rajasthan
2021 Latest Caselaw 3494 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR
     S.B. Criminal Misc. Second Suspension of Sentence
                    Application No.631/2020
                                      IN

             S.B. Criminal Appeal No. 1111/2019

Indrajeet Singh S/o Late Sardar Jaswant Singh, Aged About 70
Years, R/o House No 204 Gurunanakpura Ps Adarsh Nagar Jaipur
Raj. Presently Tenant At House No 462 O.b.c. Colony Mahal
Jagatpura Ps Pratap Nagar Jaipur Raj. (Appellant / Accused Is
Currently In J.c. At Central Jail Jaipur)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Appellant(s) : Mr. Satyam Khandelwal For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

06/08/2021

1. Heard on second application for suspension of sentence.

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

aged seventy two years. The FSL report does not implicate the

present appellant. There was a tenancy dispute between the

complainant and the appellant, as appellant was not paying the

rent in due time. It is also contended that from the evidence also,

the case is not made out against the appellant.

3. Learned Public Prosecutor has opposed the second

application for suspension of sentence. It is contended that oral

sex was committed by the appellant with the victim, aged seven

(2 of 2) [SOSA-631/2020]

years. It is also contended that the victim PW-1 in her statement

has narrated the incident. PW-5, maternal aunt of the victim has

also stated that the appellant took the children to his tenanted

premises, thereafter the boy returned and only the victim

remained with the appellant. She has further stated that when she

went in the tenanted premises, there was darkness and the

appellant came out and said that he has not done anything with

the victim. Similar is the statement of PW-8, mother of the victim,

who also points towards the alleged offence being committed by

the appellant. It is also contended that the offence is made out

against the appellant.

4. I have considered the contentions.

5. Considering the contentions of learned Public Prosecutor and

also taking note of the fact that prosecutrix is a child, aged seven

years and offence is made out against the appellant, I am not

inclined to entertain the second application for suspension of

sentence.

6. Accordingly, the second application for suspension of

sentence is dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /2

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