Rameshwar S/O Kishan Lal B/C Ahedi vs State Of Rajasthan
2021 Latest Caselaw 432 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

D.B. Cr. Misc. Suspension of Sentence Application No. 2031/2019

                                       In

               D.B. Criminal Appeal No. 439/2019

Rameshwar S/o Kishan Lal B/c Ahedi, R/o Khalda, Police Station
Nahargarh, Distt. Baran Raj.
(At Present In Distt. Jail Baran)
                                                         ----Accused Applicant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Appellant(s) : Mr. Girish Khandelwal, Advocate For Respondent(s) : Mr. N.S. Gurjar, PP

HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

19/01/2021

This suspension of sentence application has been filed

by the accused appellant under Section 389 CrPC.

Learned counsel for the applicant submits that

appellant was on bail during trial. He further submits that at the

time of carrying pregnancy, no FIR was lodged by the prosecutrix

and at the time of lodging FIR, the prosecutrix was more than 18

years of age. The prosecutrix has been declared hostile. The

accused appellant and prosecutrix are the parents of a naturally

born minor girl. He further submits that with the consent of their

parents, marriage of prosecutrix and the accused appellant was

solemnized. She mentioned the name of appellant as her husband

in the hospital record and submitted copy of Aadhar Card in this

(2 of 2) [2031 SOS2019 in CRLAD-439/2019]

regard. Hence sentence awarded to the accused appellant by the

court below is required to be suspended.

On the other hand, learned PP appearing for the State

has opposed the same and submits that rape was committed with

the minor girl, hence the sentence of the accused appellant

should not be suspended.

Having regard to the submissions made by learned

counsel for the parties and taking into consideration the material

on record, but without expressing any opinion on the merits and

demerits of the case, we are inclined to suspend the sentence of

the accused appellant.

Accordingly, this suspension of sentence application is

allowed and it is ordered that the sentence awarded to the

accused appellant Rameshwar S/o Kishan Lal by the trial court

vide judgment dated 27.11.2019 in Sessions Case No. 8/2019

shall remain suspended during the pendancy of the appeal,

provided he furnishes a personal bond in the sum of Rs.

1,00,000/- with two sureties in the sum of Rs. 50,000/- each to

the satisfaction of the trial court with the stipulation that he shall

appear before this Court on 19.2.2021 and thereafter as and when

called upon to do so.

(CHANDRA KUMAR SONGARA),J (PRAKASH GUPTA),J

DK/18

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