Jameel Son Of Late Babu vs State Of Rajasthan
2021 Latest Caselaw 6342 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence

                     Application No.1041/2021

                                       In

               S.B. Criminal Appeal No. 1691/2021

Jameel S/o Late Babu, Aged About 22 Years, Resident Of
Kanchan Nagar, Near Habeeb Nagar, Behind Chacha Ki Aate Ki
Chakki, Police Station Ramganj, District Ajmer (Raj.)
(At Present In Central Jail, Ajmer)
                                                         ----Accused/Appellant
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Appellant(s) : Mr. Khurshid Ahmed Khan For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

10/11/2021

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 29.09.2021 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act,

2012 and Commission for Child Rights Protection Act, 2005, No.2,

Ajmer in Sessions Case No.07/2018(220/2017) CIS No.07/2018,

by which the appellant has been convicted under Sections 363,

366, 376 of IPC and Section 3/4 of the POCSO Act, 2012 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 sentenced to a maximum term of seven years

of imprisonment. As per certificate under Rule 311(3) of Rajasthan

High Court Rules, the appellant was on bail during trial and at

present, he is confined in jail.

It is further submitted that age of the prosecutrix on the

date of alleged incident, was seventeen years and five months.

Statement of prosecutrix reveals that it was a case of consent. In

her cross-examination, P.W.5-prosecutrix has admitted that she

accompanied the appellant to Jaipur and Kota. During this period,

they travelled by bus and tempo etc. where public in general was

present there but she did not make any complaint to any person.

There are no criminal antecedents of the appellant.

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 Jameel S/o Late Babu 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/-

(3 of 3)

and two sureties of Rs.50,000/- each to the satisfaction of the

learned trial court for his appearance in this Court on 10 th

December, 2021 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/15

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