Ravi S/O Gopal vs State Of Rajasthan
2021 Latest Caselaw 3540 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
     S.B. Criminal Misc. Suspension of Sentence Application
                             No.1294/2020
                                      IN

              S.B. Criminal Appeal No. 1891/2020

Ravi S/o Gopal, R/o Bada Mohalla, Police Station Kaman, District
Bharatpur. (At Present Confined In Central Jail, Sewar, District
Bharatpur).
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Appellant(s)         :     Mr. Yogesh Singhal
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 a dispute

took place between the mother of the prosecutrix and the mother

of the accused-appellant, which fact is admitted by the witness as

well as the defence witness. It is also contended that the child

witness was tutored and a note has been appended by the trial

Court when the statement of the girl was recorded. It is further

contended that there is delay in lodging of the F.I.R.

3. Learned Public Prosecutor has opposed the application for

suspension of sentence. It is contended that the victim in this case

is eight and a half years old girl, who in her statement has

(2 of 2) [SOSA-1294/2020]

specifically levelled allegation with regard to the offence

committed by the appellant. It is also contended that from the

medical report also it is evident that the doctor has opined that

the injuries are suggestive of forceful sexual assault.

4. I have considered the contentions.

5. Considering the fact that the appellant tried penetrate his

private part into prosecutrix who is a child, aged eight and a half

years and that this fact has been substantiate by the medical

report, 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 /23

Powered by TCPDF (www.tcpdf.org)