Saddam Husain (Saddam) Son Of ... vs State Of Rajasthan
2021 Latest Caselaw 7320 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 1112/2021

                                        IN

                S.B. Criminal Appeal No. 1804/2021

Saddam Husain (Saddam) Son Of Ramjan @ Ramjuddin, R/o
Neemsara Pipalda Khatoli District Kota (At Present Confined At
Central Jail Kota)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s)          :     Mr. Abdul Kalam Khan
For Respondent(s)         :     Mr. Bhawani Shankar Sharma, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                     Order

07/12/2021

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 28.10.2021 passed by Special Judge, POCSO Act, 2012 and

Child Rights Commission Act, 2005, No. 5, Kota in Session Case

No. 02/2020 CIS No. 235/2019 by which the appellant has been

convicted for offence/s under Sections 354B of IPC, 9M/10 of

POCSO Act and 3(2)(va) of SC/ST Act and sentenced to maximum

term of five years imprisonment.

4. It has been submitted by learned counsel for the

(2 of 3) [SOSA-1112/2021]

appellant that appellant has been falsely implicated in the case.

The case has been filed due to enmity between the father of the

victim and the appellant. Learned counsel for the appellant has

referred to statements of PW2 (victim), who has admitted in her

cross examination that on the complaint of the relatives of

appellant her father was apprehended by the police. Thereafter, it

is further submitted that complaint under Section 107-151 of the

Code of Criminal Procedure was filed against the father of the

victim and due to that enmity, this false case has been lodged

against the appellant. The victim has also admitted in her cross

examination that the appellant was in false impression and doubt

that mobile was stolen by her. Her father was in judicial custody

on that day. He has been sentenced to maximum term of five

years out of which he has already served one year and seven

months of sentence. As per certificate under Rule 311(3) of the

Rajasthan High Court Rules, the appellant was on bail during trial.

Now, he is in custody since date of judgment i.e. 28.10.2021.

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.

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record 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.

(3 of 3) [SOSA-1112/2021]

8. Accordingly, the application for suspension of sentence

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

appellant Saddam Husain (Saddam) Son Of Ramjan @ Ramjuddin,

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 07.01.2022

and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /44

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