Deshraj S/O Shri Amilal vs State Of Rajasthan
2021 Latest Caselaw 6666 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence

                      Application No.914/2021

                                       In

               S.B. Criminal Appeal No. 1492/2021

Deshraj S/o Shri Amilal, R/o Nagal Khodiya, Police Station
Behror, District Alwar (Raj.)
(At Present Confined In Central Jail Alwar)
                                                         ----Accused-Appellant
                                   Versus
The State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Appellant(s)         :     Mr. Vinay Pal Yadav
                               Mr. Rakesh Kr. Trivedi
For Respondent(s)        :     Mr. Rajendra Yadav, AAG/PP
                               Mr. Vijay Singh Yadav



        HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                    Order

18/11/2021

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 17.09.2021 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act,

2012, No.1, Alwar in Sessions Case No.162/2018, by which the

appellant has been convicted under Section 354A of IPC, Section

9(f)/10 of the POCSO Act and sentenced to maximum term of

(2 of 3)

seven years.

It has been submitted by learned counsel for the appellant

that the appellant has been falsely implicated in this case due to

enmity. He has been sentenced to a maximum term of seven

years for offence under Section 9(f)/10 of the POCSO Act. The

statements of prosecutrix-P.W.1 are not reliable. There are several

material contradictions in her statements. The incident has been

alleged to have occurred during the day time when school was

running, which is not probable. P.W.4 has not supported the

prosecution case. P.W.5 who was studying with the prosecutrix

and to whom she narrated the incident, just after it, has also

resiled from her statement and has not supported the prosecution.

As per certificate under Sub-rule (3) of Rule 311 of High Court of

Judicature for Rajasthan, 1952, the appellant was on bail during

trial and now, he is in custody for about more than three months.

Hearing of appeal is likely to take considerable time.

Learned Public Prosecutor assisted by learned counsel for the

complainant, 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.

Accordingly, the application for suspension of sentence is

(3 of 3)

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

appellant Deshraj S/o Shri Amilal shall remain suspended till

disposal of this criminal appeal and he be released on bail,

provided the appellant furnishes a personal bond of Rs.50,000/-

and two sureties of Rs.25,000/- each to the satisfaction of the

learned trial court for his appearance in this Court on 20 th

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

(MANOJ KUMAR VYAS),J

Hemant/7

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