Abid Hussain S/O Shri Hussain ... vs State Of Rajasthan
2021 Latest Caselaw 577 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

D.B. Cr. Misc. Suspension of Sentence Application No. 1217/2020
                                       In
                D.B. Criminal Appeal No. 265/2020

Abid Hussain S/o Shri Hussain Mohammed, Aged About 24
Years, R/o Ward No. 20, Rajiv Colony, Nainwa, Police Station
Nainwa Distt. Bundi. At Present In Central Jail Kota.
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Appellant(s) : Mr. Biri Singh Sinsinswar, Advocate with Mr. Rajesh Choudhary, Advocate (through VC) For Respondent(s) : Mr. N.S. Gurjar, PP for the State

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

Order

21/01/2021

This suspension of sentence application has been filed

by the accused appellant under Section 389 CrPC.

Learned counsel for the appellant submits that

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

cross-examination of prosecutrix PW-1 Pooja Kanwar it is apparent

that she lodged the report on the purported ground that the

accused appellant abused her and her mother. She admitted that

physical relations were made with her consent. Neither forceful

intercourse took place with her nor she was in intoxication. She

further admitted that accused appellant promised her to bring an

I-phone on her birthday, but he did not give her. Learned counsel

(2 of 2) [1217 SOS 2020 in CRLAD-265/2020]

for the appellant further submits that the accused appellant was

20 years of age and she was a student of B.A. Ist year at the time

of alleged incident. He has drawn the attention of the court

towards the statement of DW-1 Rajjak Arman and submits that in-

fact prosecutrix is a black-mailer and extorts money by

blackmailing the young boys. The accused appellant has been

falsely implicated in this case, 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.

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 Abid Hussain S/o Shri Hussain Mohammed, by

the trial court vide judgment dated 23.10.2020 in Sessions Case

No. 17/2019 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 22.2.2021 and thereafter as and when

called upon to do so.

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

DILIP KHANDELWAL /20

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