Vijay Kumar vs State
2021 Latest Caselaw 18822 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 51/2021

Vijay Kumar S/o Shri Palaram, Aged About 23 Years, B/c Meghwal, R/o Jogiwala, Police Thana Lalgarh Jatan, District Sriganganagar.

(Presently lodged in Central Jail, Sriganganagar).

----Petitioner Versus State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Sunil Vishnoi For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

10/12/2021

Heard learned counsel for the applicant-appellant and

learned Public Prosecutor. Perused the material available on

record.

The instant application for suspension of sentences under

Section 389 Cr.P.C. has been filed on behalf of the appellant-

applicant Vijay Kumar S/o Shri Palaram who has been convicted

for the offence under Section 376(2)(I) of IPC for 10 years R.I.

and penalty of Rs.20,000/- vide judgment dated 06.11.2020

passed by learned Sessions Judge, POCSO, Act, 2012 and the

Children Protection Act, 2005, No.1, Sriganganagar (Raj.) in

Sessions Case No.102/2018.

Learned counsel for the accused applicant - appellant stated

that applicant-appellant is behind the bars since 07.07.2015;

(2 of 2) [SOSA-51/2021]

hearing of the appeal will take time, therefore, the application for

suspension of sentences may be allowed.

Learned Public Prosecutor vehemently and fervently opposed

the application for suspension of sentences filed on behalf of the

accused-appellant and stated that at the time of incident,

prosecutrix 'R' was 14 years old girl and she fully supported the

story of the prosecution; there is nothing in her cross examination

on the basis of which her statement can be disbelieved or found

unnatural.

In this background and having regard to the facts and

circumstances of the case, I am not inclined to suspend the

sentence awarded to the accused applicant-appellant - Vijay

Kumar S/o Shri Palaram by the learned court below. Thus, the

instant application for suspension of sentences is rejected.

(DEVENDRA KACHHAWAHA),J

36-Arvind/-

Powered by TCPDF (www.tcpdf.org)