Rajasthan High Court
Suraj S/O Shri Banda @ Bane Singh 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.976/2021
In
S.B. Criminal Appeal No. 1420/2020
Suraj S/o Shri Banda @ Bane Singh, R/o Village Birar, Police
Station Kaman, District Bharatpur (Raj.)
(At Present Confined In Central Jail Bharatpur)
----Accused-Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Govind Prasad Rawat
For Respondent(s) : Mr. Yashwant Kankhedia, 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 06.03.2020 passed by the Court of
Special Judge, Protection of Children from Sexual Offences Act and
Commission for Protection of Child Rights Act, No.2, Bharatpur in
Sessions Case No.33/2018(29/2017), by which the appellant has
been convicted under Sections 3/4 of the POCSO Act and Section
363 of IPC and sentenced to maximum term of ten years.
(2 of 3)
It has been submitted on behalf of the appellant that he has
been falsely implicated in this case. He has been convicted under
Section 3/4 of the POCSO Act and Section 363 of IPC and
sentenced to a maximum term of ten years of imprisonment. He
has already served half of the sentence (about five years of
imprisonment). There are several contradictions and infirmities in
the prosecution evidence. The prosecutrix has alleged in her
statement that four accused committed rape against her but the
police has, after investigation, filed charge-sheet only against the
present appellant. Prosecutrix was major at the time of incident
and it is a case of consent. The evidence regarding date of birth of
the prosecutrix is not reliable. School record has not been proved
by sufficient and cogent evidence. One other case has been shown
to be pending against the present appellant under Section 376 of
IPC but he has been acquitted in that case vide judgment dated
04.09.2021. No other criminal case is pending against him.
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
deems just and proper to allow the application for suspension of
sentence.
(3 of 3)
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence awarded to accused-
appellant Suraj S/o Shri Banda @ Bane Singh 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 09th December, 2021 and as and when called upon to do
so.
(MANOJ KUMAR VYAS),J
Hemant/19
Powered by TCPDF (www.tcpdf.org)
