[email protected] [email protected] S/O ... vs State Of Rajasthan
2021 Latest Caselaw 6229 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

             S.B. Criminal Misc. Suspension of Sentence

                         Application No.559/2020

                                          In

                 S.B. Criminal Appeal No. 703/2020

Arif @ Mohammad Arif @ Kallu S/o Mohammad Sabir, Aged
About 22 Years, R/o Village Piproli, Shiv Police Station Bela,
District Oriya, U.P.
(At Present Confined In Central Jail Jaipur)
                                                            ----Accused-Appellant
                                      Versus
State Of Rajasthan, Through P.P.
                                                                        ----Respondent

For Appellant(s) : Mr. Lalit Gautam for Mr. Ajeet Singh Devanda For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

08/11/2021 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 of

conviction and sentence dated 04.03.2020 passed by the Court of

Special Judge, Protection of Children from Sexual Offence Act

2012 No.3, Jaipur Metropolitan, Jaipur in Sessions Case

No.44/2019(27/2018) CIS No.30/2019, by which the appellant

has been convicted under Sections 3/4 of the POCSO Act and

(2 of 3)

sentenced to maximum term of seven years.

It has been submitted on behalf of the appellant that the

appellant has been falsely implicated in the case. The prosecutrix

was major on the date of alleged incident. The appellant was on

bail during trial and now, he is in judicial custody since the date of

judgment of the trial court. He has been sentenced to a maximum

term of seven years of imprisonment, out of which he has suffered

almost three years of sentence. Statements of the prosecutrix are

not reliable. She on her own free will, accompanied the appellant

to different places. She also represented herself as wife of the

appellant. Her statements are contradictory. No conviction can be

based upon that evidence. There is no other reliable evidence

against the appellant. Decision of appeal may take considerable

time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties.

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 Arif @ Mohammad Arif @ Kallu S/o Mohammad

Sabir shall remain suspended till disposal of this criminal appeal

and he be released on bail, provided the appellant furnishes a

(3 of 3)

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 08th December, 2021 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/54

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