Hakim Singh S/O Narayan vs State Of Rajasthan
2021 Latest Caselaw 7563 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 960/2021
                                        IN
                S.B. Criminal Appeal No. 1558/2021

Hakim Singh S/o Narayan, Aged About 25 Years, R/o Bathua Kho
Krishanpura, Police Station Sarmathura, District Dholpur
(Rajasthan) (At Present Confined In District Jail, Karauli)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s) : Mr. Mukesh Pal Jadoun For Respondent(s) : Mr. Yashwant Kankhedia, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

13/12/2021

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 06.09.2021 passed by court of Special Judge, POCSO Act,

2012 and Child Rights Commission Act, 2005, Karauli (Raj.) in

Session Case No. 43/2019, CIS No. 43/2019 by which the

appellant has been convicted for offence/s under Sections 376

(2-n), 366 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 acquitted for offence under

POCSO Act and has been convicted under Section 376 (2-n), 366

(2 of 3) [SOSA-960/2021]

IPC and sentenced to the maximum term of the ten years

imprisonment. He has been falsely implicated in the case. During

trial, appellant was on bail. Now, he is in custody since

06.09.2021. There are material contradictions and infirmities in

the prosecution evidence. The statements of prosecutrix-PW1 do

not inspire confidence. Her cross-examination suffers from

material contradictions from her statements under Section 164 of

Code of Criminal Procedure. In her statements under Section 164

of Code of Criminal Procedure she has not alleged any offence

against the appellant. Learned trial court has erred in convicting

and sentencing the appellant. 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.

8. Accordingly, the application for suspension of sentence

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

appellant Hakim Singh S/o Narayan 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

(3 of 3) [SOSA-960/2021]

to the satisfaction of the learned trial Court for his appearance in

this Court on 13.01.2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /57

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