Dindayal S/O Ramprakash Meghwal vs State Of Rajasthan
2021 Latest Caselaw 7371 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 901/2021
                                        IN
                S.B. Criminal Appeal No. 1477/2021

Dindayal S/o Ramprakash Meghwal, R/o Village Akhed, P.S.
Sadar, District Bundi (Raj) (Presently Confined In Central Jail
Bundi)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s)          :     Mr. Shree Ram Dhakar
For Respondent(s)         :     Mr. Bhawani Shankar Sharma, PP


         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
                                     Order
08/12/2021

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 14.09.2021 passed by the Special Court, POCSO Act, 2012

and Child Rights Commission Act, 2005, No. 2, Bundi (Raj.) in

Sessions Case No. 32/2020 by which the appellant has been

convicted for offence/s under Sections 363, 366 and 376(2)(n) of

IPC and 5(L)/6 of POCSO Act 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.

The alleged incident is of March, 2018 and the FIR was lodged on

16.01.2020. There is no reasonable explanation for delay in

(2 of 2) [SOSA-961/2021]

lodging the FIR. The prosecutrix has herself stated that for the

first time she narrated the incident to her parents in the month of

January, 2020. The appellant has been falsely implicated due to

some extraneous reasons. At the time of lodging the FIR,

prosecutrix was about 18 years of age. During trial, the appellant

was on bail. Hearing of the appeal may take long time. There are

material contradictions and infirmities in the prosecution evidence.

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.

8. Accordingly, the application for suspension of sentence

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

appellant Dindayal S/o Ramprakash Meghwal 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 10.01.2022 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J Pooja /32

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