Rajasthan High Court
Vikas Son Of Ram Prasad vs State Of Rajasthan on 8 December, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Application for Suspension of
Sentence No.1224/2021
In
S.B. Criminal Appeal No. 1522/2020
1. Vikas S/o Ram Prasad, Aged About 32 Years, R/o
Harlauda, Police Station Garhmora, District Karauli Raj.
2. Prakash S/o Kedar Lal, Aged About 32 Years, R/o
Harlauda, Police Station Garhmora, District Karauli (Raj.)
(Both appellants At Present Lodged In The District Jail,
Karauli)
----Appellants-accused
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Ashvin Garg
For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
08/12/2021
Heard on application for suspension of sentence.
Appellants have filed the appeal along with application for
suspension of sentence.
This appeal has been preferred against the judgment of
conviction dated 08.09.2020 passed by the court of Special Judge,
Protection of Children from Sexual Offences Act, 2012 and
Commission for Protection of Child Rights Act, 2005, Karauli in
Sessions Case No.99/2018 (34/2013), (17/2014), (109/2010)
(2 of 3)
(CIS No.99/2018), by which the appellants have been convicted
under Sections 342, 376(2)(g) of the Indian Penal Code and
Section 4 of the Indecent Representation of Women (Prohibition)
Act, 1956 and sentenced per order dated 10.09.2020 to maximum
term of ten years.
It has been submitted by learned counsel for the appellants
that the appellants have been falsely implicated in the case. FIR
was registered under Sections 354, 384 of IPC, Section 66D of the
I.T. Act and Section 3(1)(xi) of the SC/ST Act. In the police
statements of complainant-Jagmohan and prosecutrix, there was
no allegation of rape against the appellants. FIR was lodged on
07.01.2013, while the incident has been narrated to be of July-
August, 2012. Subsequently, FIR was lodged after a delay of five
to six months. Statements of the prosecutrix under Section 164
Cr.P.C. were recorded on 23.03.2013, in which for the first time,
the allegation of rape was levelled against the appellants after a
delay of almost seventy days.
Learned counsel has also referred to statements of
prosecution witnesses P.W.1-Jagmohan, P.W.5-prosecutrix and
P.W.6-mother of the prosecutrix. All witnesses have admitted in
the cross-examination that the incident of rape was in their
knowledge, but despite the fact that they were knowing about
this, no allegation was levelled in the FIR and statements under
Section 161 of Cr.P.C. were recorded during the investigation.
Medical evidence also does not support the prosecution case. The
prosecutrix has also resiled from some parts of her statements
given under Section 164 of Cr.P.C. There are material
(3 of 3)
contradictions and infirmities in the prosecution evidence.
Allegation of rape has been levelled due to extraneous reasons. As
per certificate under Rule 311(3) of the Rajasthan High Court
Rules, 1952, the appellants were on bail during trial. 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 appellants, evidence available on record and 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-
appellants Vikas S/o Ram Prasad and Prakash S/o Kedar Lal,
shall remain suspended till disposal of this criminal appeal and
they be released on bail, provided each of them furnishes a
personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-
each to the satisfaction of the learned trial court for their
appearance in this Court on 10 th January, 2022 and as and when
called upon to do so.
(MANOJ KUMAR VYAS),J
Hemant/20
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