[email protected] S/O Jassu Khan ... vs State Of Rajasthan
2021 Latest Caselaw 3541 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
     S.B. Criminal Misc. Suspension of Sentence Application
                                 No.1956/2019
                                          IN

               S.B. Criminal Appeal No. 2757/2019

[email protected] S/o Jassu Khan, R/o Lalawandi Police Station
Ramgarh Distt. Alwar Presently Multan Nagar Divakari Police
Station N.e.b. Alwar Distt. Alwar (At Present The Accused
Petitioner Is Confined In The Central Jail Alwar)
                                                                          ----Appellant
                                       Versus
State Of Rajasthan, Through P.p.
                                                                      ----Respondent

For Appellant(s)             :     Mr. Manish Gupta
For Respondent(s)            :     Mr. Sher Singh Mahla, 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 recovery of the girl, appellant was not present. Appellant has

been made an accused as the main accused in this case was

Principal of the school. It is also contended that from the medical

report, it is evident that hymen was fresh torn and that was torn

within twelve hours of the examination. It is further contended

that from the statement, it is not revealed that the prosecutrix

was raped within twelve hours prior to the time of the

examination. It is also contended that the appellant has remained

in custody for a period of about four years and six months.

(2 of 2) [SOSA-1956/2019]

3. Learned Public Prosecutor has opposed the application for

suspension of sentence. It is contended that prosecutrix is a child,

aged sixteen years. She was taken away by the appellant, who

happens to be her teacher. It is also contended that the

prosecutrix in her Court statement has specifically levelled

allegation with regard to rape against the appellant.

4. I have considered the contentions.

5. Considering the contentions of counsel for the State, 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 /7

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