Praveen Kumar S/O Shri Sumer Singh vs State Of Rajasthan
2021 Latest Caselaw 7611 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence

                       Application No.1179/2021

                                         In

               S.B. Criminal Appeal No. 1511/2021

Praveen Kumar S/o Shri Sumer Singh, R/o Karola, Police Station
Farukhnagar, District Gurugram (HR) (At Present Confined In
Central Jail Alwar)
                                                           ----Accused-Appellant
                                     Versus
State Of Rajasthan, Through Public Prosecutor
                                                                  ----Respondent

For Appellant(s)           :     Mr. Vinay Pal Yadav
For Respondent(s)          :     Mr. Yashwant Kankhedia, PP



        HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                      Order

14/12/2021

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 dated

17.08.2021 passed by the Court of Special Judge, Protection of

Children from Sexual Offences Act 2012, No.2, Alwar in Sessions

Case No.20/2018, by which the appellant has been convicted

under Sections 363, 366, 376(2)(i) of IPC and Section 3/4 of the

POCSO Act and sentenced to maximum term of ten years.

(2 of 3)

It has been submitted by learned counsel for the appellant

that the appellant has been falsely implicated in the case. There

are material contradictions and infirmities in the prosecution

evidence. The prosecutrix went to various places with the

appellant and despite having opportunity to raise protest, no such

act was done. Medical report also does not support the

prosecution story. Photos of appellant and prosecutrix have been

placed on record, which reveal that it was the prosecutrix who

went with the appellant on her own free will. Prosecutrix was a

student of Class-XII and after the examination, she went with the

appellant voluntarily and performed marriage at Arya Samaj

Mandir in Ghaziabad. Statements of prosecutrix have been

recorded as P.W.2, which do not inspire confidence. Cross-

examination of the prosecutrix make the prosecution version

doubtful. The appellant has already served about two years and

seven months of 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, 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 Praveen Kumar S/o Shri Sumer Singh 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 17th January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/87

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