Rajasthan High Court
Lekhraj Son Of Shivlal vs State Of Rajasthan on 20 December, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. (SOS) Application No.1219/2021
In
S.B. Criminal Appeal No. 1599/2021
1. Lekhraj Son Of Shivlal, Resident Of Jairoli (At Present
Lodged In District Jail, Alwar)
2. Sherpal Son Of Shivlal, Resident Of Jairoli, Police Station
Tijara, District Alwar (Rajasthan) (At Present Lodged In
The District Jail, Alwar)
----Appellants
Versus
State Of Rajasthan, Through The Public Prosecutor
----Respondent
For Appellant(s) : Mr. Ashvin Garg
For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
20/12/2021
Heard on application for suspension of sentence.
The appellants have filed the appeal along with
application for suspension of sentence.
The appeal has been preferred against the judgment of
conviction and sentence dated 11.08.2021 passed by the Court of
Special Judge, Protection of Children from Sexual Offences Act,
2012 and Commission for Protection of Child Rights Act, 2005,
No.4, Alwar in Session Case No.84/2018, by which the appellants
have been convicted under Sections 366A, 376-D of IPC and
Section 5(g)/6 of the POCSO Act and sentenced to maximum term
(2 of 3) [SOSA-1219/2021]
of twenty years.
It has been submitted by learned counsel for the
appellants that they have been falsely implicated in this case.
During trial, the appellants were on bail. Now they are in judicial
custody. Trial of juvenile in conflict with law in this case was held
separately in the concerned juvenile court, in which, the
prosecutrix turned hostile and has not levelled any allegation
against the present appellants. Statements of prosecutrix
recorded in the trial of juvenile has been placed on record. In
Court statements, she has stated that no offence was committed
by the present appellants as well as the juvenile in conflict with
law. Father of the prosecutrix also turned hostile. In this case, the
father of the prosecutrix has submitted an affidavit before the
Investigating Officer of the case, which has been placed on record
as Ex-D-2. In that affidavit, he has stated that the appellants did
not commit any offence against her daughter. The FIR was lodged
in an exaggerated manner. No offence of rape was committed
against her minor daughter. There was only verbal quarrel, which
was reported as offence of rape in the FIR.
Heard learned counsel for the parties and scanned the
evidence available on record carefully.
Learned Public Prosecutor has opposed the application
for suspension of sentence.
Taking into consideration the submissions of learned
counsel for the appellants, 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
(3 of 3) [SOSA-1219/2021]
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-
appellants (1) Lekhraj S/o Shivlal and (2) Sherpal S/o Shivlal shall
remain suspended till disposal of this criminal appeal and they
shall be released on bail, provided each of the appellants 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 their appearance in this Court on 19 th
January, 2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Sunita/36
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