Badri Prasadl S/O Shri Kailash ... vs State Of Rajasthan
2021 Latest Caselaw 6293 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 624/2021

                                        IN

                S.B. Criminal Appeal No. 1159/2021

Badri Prasad S/o Shri Kailash Chand Aheer, Aged About 48 Years,
R/o Village Ummedpura Colony, Police Station Budhadeet,
District Kota (Rajasthan) (At Present Confined In Central Jail
Kota)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent

For Appellant(s) : Mr. Gajveer Singh Rajawat For Respondent(s) : Mr. Yashwant Kankhadia, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

09/11/2021

1. Heard on application for suspension of sentence.

2. The appellant has filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 26.07.2021 passed by court of learned Special Judge,

Protection of Children From Sexual Offences Act and Children

Rights Protection Commission Act, No. 1, Kota in Special Sessions

Case No. 462/2018 by which the appellant has been convicted for

offence/s under Sections 366, 363 of IPC and Section 5M/6 read

with Section 18 of POCSO Act and sentenced to maximum term of

five years imprisonment.

(2 of 3) [SOSA-624/2021]

4. It has been submitted by learned counsel for the

appellant that appellant has been falsely implicated in this case.

As per Exhibit P5, FIR was lodged on 20.11.2017 while the alleged

incident is said to occur on 20.08.2017. Therefore, there is a

delay of three months in filing the FIR. There is no proper

explanation from prosecution for such long delay in lodging the

FIR. The appellant has been implicated due to enmity. He has

been sentenced to maximum term of five years of imprisonment

and as per custody certificate he has served 3 years and 11

months of sentence. Decision of appeal may take considerable

time. There are several infirmities and contradictions in the

prosecution's evidence.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record and overall

facts and circumstances of the case but without commenting upon

merits of the case, this Court deems just and proper to allow the

application for suspension of sentence.

8. Accordingly, the application for suspension of sentence

is allowed and it is ordered that the sentence awarded to accused-

appellant Badri Prasad S/o Shri Kailash Chand Aheer shall remain

suspended till disposal of this criminal appeal and he shall be

released on bail provided the appellant furnishes a personal bond

of Rs. 1,00,000/- (Rupees One Lakh) and two sureties of

(3 of 3) [SOSA-624/2021]

Rs.50,000/- (Rupees Fifty Thousand) each to the satisfaction of

the learned trial Court for his appearance in this Court on

09.12.2021 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /63

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