Khushiram S/O Sharvan Lal vs State Of Rajasthan
2021 Latest Caselaw 7616 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 2039/2021

Khushiram    S/o     Shravan       Lal,     R/o     Laadpur,     Police   Station
Kesheraipatan, District Bundi (Raj)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s) : Mr. Govind Lal Choudhary For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

14/12/2021

Heard.

Record of the case be summoned.

List after two weeks.

S.B. Criminal Misc. (SOS) Application No.1270/2021

Heard on application for suspension of sentence.

The appellant has filed the appeal along with

application for suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 25.11.2021 passed by Special

Court, Protection of Children from Sexual Offences Act, 2012 and

Commission for Protection of Child Rights Act, 2005, No.1, Bundi

(Rajasthan) in POCSO Session Case No.65/2020 (POCSO CIS

No.65/2020), by which the appellant has been convicted for

offence under Section 7/8 of the POCSO Act and sentenced to

(2 of 2) [CRLAS-2039/2021]

maximum term of three years.

It has been submitted by learned counsel for the

appellant that the appellant has been falsely implicated in this

case. He has been sentenced to maximum term of three years of

imprisonment for offence under Section 7/8 of the POCSO Act. The

appellant was on bail during trial. Now, his sentence has been

suspended by the learned trial court for a period of one month.

There are material contradictions in the prosecution evidence.

Hearing of the appeal may take long time.

Heard learned counsel for the parties.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

Taking into consideration the submissions of learned

counsel for the appellant and overall facts and circumstances of

the case but without commenting upon detailed merits of the

case, this Court deems it 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 Khushiram S/o Shravan Lal 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.50,000/-

and two sureties of Rs.25,000/- each to the satisfaction of the

learned trial court for his appearance in this Court on 17 th January,

2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/58

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