Sher Singh Jakhad Son Of Shri ... vs State Of Rajasthan
2021 Latest Caselaw 7088 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence

                     Application No.1009/2021

                                       In

               S.B. Criminal Appeal No. 1645/2021

Sher Singh Jakhad Son Of Shri Shivpal Singh, Aged About 27
Years, Resident Of Bharni Police Station Reengus District Sikar.
At Present In Central Jail, Bikaner
                                                         ----Accused-Appellant
                                   Versus
State Of Rajasthan, Through The PP
                                                                ----Respondent

For Appellant(s) : Mr. Dharmendar Choudhary for Mr. Harendra Singh For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

01/12/2021 Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

This appeal has been preferred against the judgment of

conviction and sentence dated 22.09.2021 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act,

2012 and Commission for Protection of Child Rights Act 2005,

Sikar in Sessions Case No.229/2018, by which the appellant has

been convicted under Section 376, 447 of IPC and Section 3(A)/4

of the POCSO Act and sentenced to maximum term of ten years.

(2 of 3)

It has been submitted on behalf of the appellant that the

appellant has been falsely implicated in the case. There are

several material contradictions and infirmities in the prosecution

evidence. The appellant has been named in the FIR but the

prosecutrix in her statement admitted that she did not know him

before the incident. Thus, the name of the accused-appellant in

the FIR is suspicious. The appellant has been involved due to

some extraneous reasons. During trial, the appellant was on bail

and now, he is in custody since 22.09.2021. He has already

served about more than one year of sentence. Medical evidence

also does not support the prosecution case. Hearing of appeal may

take long time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Taking into consideration the submissions of learned counsel

for the appellant, overall facts and circumstances of the case but

without commenting upon detailed merits of the case, this Court

deems just and proper to allow the application for suspension of

sentence.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to accused-

appellant Sher Singh Jakhad S/o Shri Shivpal Singh shall

remain suspended till disposal of this criminal appeal and he be

released on bail, provided the appellant furnishes a personal bond

of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the

(3 of 3)

satisfaction of the learned trial court for his appearance in this

Court on 03rd January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/55

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