Rajasthan High Court
Musaid S/O Sh. Mubin vs State Of Rajasthan on 14 December, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. (SOS) Application No.1158/2021
In
S.B. Criminal Appeal No. 1885/2021
Musaid S/o Sh. Mubin, R/o Village Khera, Kaithwara, District
Bharatpur (Raj) (Presently In Central Jail, Sewar, Distt.
Bharatpur)
----Appellant
Versus
State Of Rajasthan, Through P.P
----Respondent
Connected With
S.B. Criminal Appeal No. 2058/2021
Nijardeen S/o Raseed
----Appellant
Versus
State of Rajasthan & Anr.
----Respondents
For Appellant(s) : Mr. Anurag Sharma
Mr. Tanay Jain
For Respondent(s) : Mr. Yashwant Kankhadia, PP
Mr. Navankur Dubey and
Mr. Anurag Pareek for complainant
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.
The appeal has been preferred against the judgment of
(2 of 3) [SOSA-2058/2021]
conviction and sentence dated 10.11.2021 passed by Special
Court, Protection of Children from Sexual Offences Act, 2012 and
Commission for Protection of Child Rights Act, 2005, No.1,
Bharatpur (Raj.) in Session Case No.142/2018 (183/18), by which
the appellant has been convicted for offence under Section 363 of
IPC and sentenced to maximum term of seven years.
It has been submitted by learned counsel for the
appellant that he has been acquitted from the charges under
Sections 366, 376, 3/4 of IPC and Section 3/4 of the POCSO Act
and has been convicted for offence under Section 363 of IPC. He
has been sentenced for maximum term of seven years of
imprisonment. He has been falsely implicated in this case. There
are material contradictions and infirmities in the prosecution
evidence. The prosecutrix has stated in her statement recorded
under Section 161 of Cr.P.C (Ex.D-1) and statements recorded
under Section 164 of Cr.P.C. (Ex.P-4) that she wanted to marry
the appellant and she went with him with her own free will.
Thereafter, the prosecutrix came with the allegation that she was
forcefully abducted and raped by the appellant. The prosecutrix
was major at the time of incident. She has herself stated that she
was nineteen years of age at the time of recording of the
statement during investigation. Her statements does not inspire
the confidence as there are several material contradictions. Her
birth certificate was prepared after the incident. During trial, the
appellant was on bail. Hearing of the appeal may take long time.
Learned Public Prosecutor assisted by learned counsel
for the complainant has opposed the application for suspension of
(3 of 3) [SOSA-2058/2021]
sentence and has submitted that the prosecution evidence is
reliable and the offence is of serious nature. The application for
suspension of sentence may be dismissed.
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, evidence available on record 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 Musaid S/o Sh. Mubin 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/-
and two sureties of Rs.50,000/- each to the satisfaction of the
learned trial court for his appearance in this Court on 13 th January,
2022 and as and when called upon to do so.
S.B. Criminal Appeal No. 2058/2021
Learned counsel for the appellant seeks time to remove
the defect/s.
List after two weeks.
(MANOJ KUMAR VYAS),J
Sunita/91-92
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