Rajasthan High Court
Monu @ Akhilesh Son Of Shri ... vs State Of Rajasthan on 16 December, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.1208/2021
In
S.B. Criminal Appeal No. 1940/2021
Monu @ Akhilesh Son Of Shri Jogendra @ Jugendra, Resident Of
Nausera, Police Station Civil Line, Badayun, District Badayun,
Uttar Pradesh.
(Presently Confined At Central Jail Alwar, Rajasthan)
----Accused-Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Rahul Tiwari
Mr. Khizer Iqbal Khan
For Respondent(s) : Mr. Yashwant Kankhedia, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
16/12/2021
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
12.11.2021 passed by the Court of Special Judge, Protection of
Children from Sexual Offences Act 2012, No.1, Alwar in Sessions
Case No.136/2018, by which the appellant has been convicted
under Sections 363, 366, 376(2)(n), 344 of IPC and Section
5(L)/6 of the POCSO Act and sentenced to maximum term of ten
(2 of 3)
years.
It has been submitted by learned counsel for the appellant
that the appellant has been falsely implicated in the case. Learned
trial court has erred in convicting and sentencing the appellant.
Statement of prosecutrix has been recorded as P.W.1, which does
not inspire confidence as it suffers from material contradictions
and infirmities. Age of the prosecutrix was about seventeen years
at the time of incident. It was a case of consensual relationship,
which is evident from the statement of prosecutrix and other
witnesses. The prosecutrix went with the appellant to different
places and lived with him for about one month without raising any
alarm or protest while she had opportunity to do so. She was in
public places at many occasions. She has resiled from her
statements recorded under Section 161 of Cr.P.C. During the
investigation and in her police statement, she has admitted that
she went with the appellant on her own free will and they
performed marriage in a temple. Her statements under Section
164 of Cr.P.C. were recorded after fifteen days of her statement
recorded under Section 161 of Cr.P.C. and she changed her
statements due to parental pressure. Hearing of appeal may take
long time. There are no other criminal antecedents of the
appellant.
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.
(3 of 3)
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 Monu @ Akhilesh S/o Shri Jogendra @ Jugendra
shall remain 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/50
Powered by TCPDF (www.tcpdf.org)
