Pramod Kumar S/O Sitaram vs State Of Rajasthan
2021 Latest Caselaw 3535 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
     S.B. Criminal Misc. Suspension of Sentence Application
                              No.1121/2020
                                       IN

              S.B. Criminal Appeal No. 1639/2020

Pramod Kumar S/o Sitaram, R/o Balodi, Chhoti, Police Station
Sadar Fatehpur, Distt. Sikar. (Juvenile Accused Is Lodged In
Juvenile Home Jhunjhunu)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Appellant(s)          :     Mr. Anil Mahala
For Respondent(s)         :     Mr. Mangal Singh Saini, PP



           HON'BLE MR. JUSTICE PANKAJ BHANDARI

                          Judgment / Order

10/08/2021

1. Heard on application for suspension of sentence.

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

of the alleged incident, appellant was aged seventeen and a half

years. It is also contended that different dates of birth are

mentioned with regard to the prosecutrix. As per the Primary

School record, she was more than sixteen years. As per the school

record, her age is more than fourteen years. It is further

contended that appellant was on bail during trial. He has remained

in custody for a period of nineteen months. There is delay in

lodging of F.I.R.

3. Learned Public Prosecutor has opposed the application for

(2 of 2) [SOSA-1121/2020]

suspension of sentence. It is contended that prosecutrix was gang

raped and in her Court statement she has specifically levelled

allegation with regard to rape against the present appellant.

4. I have considered the contentions.

5. Considering the fact that F.I.R. was lodged by the brother of

the victim, who has stated that prosecutrix was hospitalized in a

shabby condition, after she recovered consciousness, she narrated

the incident, that in her medical report, hymen was found torn.

From the statement of prosecutrix who admittedly is a child, there

is specific allegation of rape against the present appellant and

there being allegation of gang rape, 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 /22

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