Rajasthan High Court
Sanjay Son Of Shankarlal vs State Of Rajasthan on 9 November, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.872/2021
In
S.B. Criminal Appeal No. 1434/2021
Sanjay S/o Shankarlal R/o Jawar District Jhalawar At Present
Khan Kumbhkot Colony P.S. Suket District Kota Raj.
(At Present Confined At Central Jail Kota)
----Accused/Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Adbul Rahim Khan
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
09/11/2021
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 13.08.2021 passed by the Court of
Special Judge, POCSO ACT, No.5, Kota in Special Sessions Case
No.137/2018 (CIS No.164/2018), by which the appellant has been
convicted under Section 342 of IPC, Section 3/4 of the POCSO Act,
Sections 3(1)(W-1) and 3(2)(va) of SC/ST Act and sentenced to
maximum term of ten years.
(2 of 3)
It has been submitted on behalf of the appellant that the
prosecutrix was major at the time of incident and looking to her
statement, this is a case of consent. In her cross-examination, the
prosecutrix-P.W.1 has stated that while she was talking to the
appellant, her father had seen them talking and had slapped the
appellant. Thereafter, the report was lodged. She has further
stated that she does not know what has been written in the report
Ex.P.1. The prosecutrix has herself admitted that her age is 20 to
21 years. As far as the age of prosecutrix is concerned, there is no
school record regarding her age. Her age has been determined
between 16 to 18 years on the basis of X-ray report. Such
determination of age is not reliable. Particularly, in a situation
where oral evidence regarding age, is contradictory and
prosecutrix herself admits that she was 20 to 21 years of age at
the time of her statement in the trial court. The facts admitted by
the prosecutrix in her cross-examination reveals that it was a case
of consent and the prosecutrix was major at the time of alleged
incident. As per certificate under Rule 311(3) of the Rajasthan
High Court Rules, the appellant was on bail during trial and now,
he is in judicial custody since 13.08.2021. Decision of appeal is
likely to take considerable time.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Heard learned counsel for the parties and scanned the
evidence available on record carefully.
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
(3 of 3)
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 Sanjay Son Of Shankarlal shall remain suspended till
disposal of this criminal appeal and he be released on bail,
provided the appellant furnishes a 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 09 th
December, 2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Hemant/72
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