Rajasthan High Court
Mahaveer @ Raghuveer Son Of ... vs State Of Rajasthan on 13 December, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.969/2021
In
S.B. Criminal Appeal No. 1570/2021
Mahaveer @ Raghuveer Son Of Moolchand, Aged About 27 Years,
Resident Of Kunjed, Police Station Atru, District Baran
(Rajasthan)
(Accused Appellant Is Confined In District Jail, Baran)
----Accused/Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Girish Khandelwal with
Mr. Aslam S. Khan
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
13/12/2021
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/order
of conviction dated 23.09.2021 passed by the Court of Special
Judge, Protection of Children from Sexual Offences Act, 2012 and
Commission for Protection of Child Rights Act, 2005, No.2, Baran
in Sessions Case No.92/2019(CIS No.122/2018), by which the
appellant has been convicted under Sections 366 and 376 of IPC
(2 of 3)
and Section 3/4 of the POCSO Act and sentenced to maximum
term of seven years.
It has been submitted on behalf of the appellant that he has
been falsely implicated in the case. He has been sentenced to a
maximum term of seven years of sentence under Section 3/4 of
the POCSO Act r/w 376 of IPC. He has already served more than
three years and nine months of sentence. There are number of
material contradictions and infirmities in the prosecution evidence.
In the FIR, allegations were levelled against five persons, out of
which learned trial court has acquitted four accused persons in
this case, who were not originally charge-sheeted but cognizance
was taken against them under Section 319 of Cr.P.C. Thus, false
implication is evident from record of the case. The appellant has
already served more than half of the sentence. 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, period of sentence already served, 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 Mahaveer @ Raghuveer S/o Moolchand shall remain
(3 of 3)
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
satisfaction of the learned trial court for his appearance in this
Court on 13th January, 2022 and as and when called upon to do
so.
(MANOJ KUMAR VYAS),J
Hemant/59
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