Rakesh [email protected] Fransis S/O ... vs State Of Rajasthan
2021 Latest Caselaw 3495 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
     S.B. Criminal Misc. Suspension of Sentence Application
                              No.1484/2019
                                       IN

              S.B. Criminal Appeal No. 2102/2019

Rakesh [email protected] Fransis S/o Ram Lal Panwar, Aged About
32 Years, R/o Behind Sophiya School, Bhopon Ka Bada , Police
Station Civil Line, Ajmer (At Present Languishing In Central Jail
Ajmer)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Appellant(s) : Mr. Jai Kishan Yogi through VC 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 prosecutrix

is a married lady having a child, aged thirteen years. There is a

delay of more than one year in lodging of the F.I.R. Appellant was

on bail during trial. Appellant has now remained in custody for a

period of about two years.

3. Learned Public Prosecutor has opposed the application for

suspension of sentence. It is contended that prosecutrix was

raped after drugging her and obscene photographs of the

prosecutrix were clicked by the appellant and on the basis of those

photographs, appellant continued to rape the prosecutrix.

(2 of 2) [SOSA-1484/2019]

4. I have considered the contentions.

5. From the perusal of the record, it is revealed that husband of

the prosecutrix is blind. With the consent of husband, appellant

started to teach scooty to the prosecutrix. Thereafter, after

sometime he gave drug to the prosecutrix and raped her and took

her naked photographs. The naked photographs have been

recovered from the information given by the appellant under

Section 27 of the Evidence Act. Prosecutrix has specifically stated

in her Court statement that she was raped by the appellant and he

continued to rape, on the basis of making her photographs viral.

In view of the above fact, I am not inclined to entertain the

application for suspension of sentence.

6. Accordingly, the application for suspension of sentence is

dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /3

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