Mayank Soni S/O Shri Shankar Soni vs State Of Rajasthan
2021 Latest Caselaw 7111 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 645/2021

                                        IN

                S.B. Criminal Appeal No. 1283/2020

Mayank Soni S/o Shri Shankar Soni, R/o House No. 69/7
Keshavpura Sector-7, Police Station Mahaveer Nagar, Kota Raj.
(At Present Confined In Central Jail Kota)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P.
                                                                 ----Respondent

For Appellant(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

02/12/2021

1. Heard on application for suspension of sentence.

2. The appellant has filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 13.07.2020 passed by court of The Special Judge, POCSO

Act and Commission for Child Rights Act, No. 1, Kota in Special

Sessions Case No. 292/2018 by which the appellant has been

convicted for offence/s under Sections 376(2)(i), 366, 363 of IPC

and sentenced to maximum term of ten years imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been falsely implicated in the case.

(2 of 3) [SOSA-645/2020]

There are several material contradictions and infirmities in the

prosecution evidence. Statement of prosecutrix examined as

PW2, does not inspire confidence. In her cross-examination, she

has resiled from her previous statements recorded under Section

164 of Code of Criminal Procedure. In her statements recorded

under Section 164 of Criminal Procedure Code, she has stated that

she was known to the appellant and she used to talk with him.

Further, it has been stated that she went voluntarily with the

appellant on motor cycle. Further, she has submitted in her

statements under Section 164 of Criminal Procedure code that she

wanted to solemnize nikah with the appellant but her parents

refused. There are material contradictions in the statements of

prosecutrix under Section 164 of Criminal Procedure Code and her

court statements recorded during trial. Father of the prosecutrix

has been examined as PW4, who has stated that what happened

with his daughter is not known to him. He has not supported the

prosecution case in material particulars. Names of the prosecutrix

as shown in the FIR and as mentioned in the school certificate are

different. Medical evidence also does not support the prosecution

case. As per custody certificate, the appellant has already served

more than five years and one month of sentence. Hearing of the

appeal may take long time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

(3 of 3) [SOSA-645/2020]

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record, period of

sentence already undergone and overall facts and circumstances

of the case but without commenting upon merits of the case, this

Court deems just and proper to allow the application for

suspension of sentence.

8. Accordingly, the application for suspension of sentence

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

appellant Mayank Soni S/o Shri Shankar Soni, shall remain

suspended till disposal of this criminal appeal and he shall be

released on bail provided the appellant furnishes a personal bond

of Rs. 1,00,000/- (One Lakh) and two sureties of Rs.50,000/-

(Fifty Thousand) each to the satisfaction of the learned trial Court

for his appearance in this Court on 04.01.2022 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /45

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