Dilkhush S/O Ramsingh @ Pappu vs State Of Rajasthan
2021 Latest Caselaw 7734 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

     S. B. Criminal Suspension of Sentence App. No. 812/2021

                                        IN

                 S.B. Criminal Appeal No. 1373/2021

Dilkhush S/o Ramsingh @ Pappu, Aged About 23 Years, R/o
Jeerota P.S. Sapotra District Karauli (Rajasthan) (Presently In
District Jail At Sawai Madhopur District Sawai Madhopur)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s)          :     Mr. Arvind Sharma
For Respondent(s)         :     Mr. Imran Khan, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                     Order

16/12/2021

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 03.03.2021 and 26.07.2021 passed by court of Session

Judge, Sawai Madhopur (trial court) in Session Case No. 51/2019

by which the appellant has been convicted for offence/s under

Sections 376(2)(n), 354D, 354A(i) of 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 falsely implicated in the case.

(2 of 3) [SOSA-812/2021]

Statements of PW-1-Prosecutrix does not inspire confidence as it

suffers from material contradictions and infirmities. Prosecurtix

has stated in her examination that she did not tell about the

incident to any person even her family members. In her cross-

examination, she has stated that if the appellant had not uploaded

her sister's photo on the facebook, then, she would not have

lodged this First Information Report. Counsel further submitted

that she did not tell anyone that the appellant commited rape

upon her. PW-5-Sister of prosecutrix has turned hostile and she

has not supported the prosecution version. Similarly, PW-6-

Brother of the prosecutrix has also resiled from his statements

(Ex-P10) and has stated that parties have entered into a

compromise and her sister (proseuctrix) did not inform him about

the offence committed by the appellant against her. During trial,

appellant was on bail and now, he is in custody. There are no

criminal antecedents against the petitioner. He has already served

about one year of sentence. Hearing of the appeal may take

considerable 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.

(3 of 3) [SOSA-812/2021]

8. Accordingly, the application for suspension of sentence

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

appellant Dilkhush S/o Ramsingh @ Pappu 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

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

this Court on 17.01.2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /40

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