Umar @ Amrit Khan S/O Shri Mubarik vs State Of Rajasthan
2021 Latest Caselaw 6788 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Criminal SOS Application No.939/2021
                                       In

                 S.B. Criminal Appeal No. 1521/2021

Umar @ Amrit Khan S/o Shri Mubarik, Aged About 22 Years, R/o
Chauhan    Vaas,     Police     Station       Malarna           Doonger,   District
Sawaimadhopur (Raj.)
(Accused Appellant Is Presently Confined In J/C At District Jail
Karauli (Raj.)
                                                         ----Accused-Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                  ----Respondent

For Appellant(s) : Mr. Manoj Kumar Avasthi For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

22/11/2021 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 10.09.2021 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act,

2012 and Commission for Protection of Child Right Act-2005,

Karauli in Sessions Case No.22/2018(CIS No.22/2018), by which

the appellant has been convicted under Sections 363, 363A, 376

of IPC, Sections 3 and 4 of the POCSO Act and sentenced to

maximum term of ten years.

(2 of 3)

It has been submitted by learned counsel for the appellant

that the appellant has been falsely implicated in this case. The

prosecutrix was major at the time of incident. In her statement

recorded under Section 161 of Cr.P.C., she has not levelled any

allegation against the present appellant. It is afterwards under the

pressure of her parents, she has resiled from her statement given

to the police and has implicated the appellant. As per statement of

the prosecutrix (P.W.3), she has stated that she travelled with the

appellant by bus and train, in which number of co-passengers

were also travelling but despite having occasion to narrate the

incident or to raise protest against the appellant, she did not do

so. Medical report also does not support the prosecution case.

During trial, the appellant was on bail. Hearing of appeal may take

considerable time.

Learned Public Prosecutor has opposed the application for

suspension of sentence and has submitted that the prosecutrix

was minor at the time of incident and there is sufficient evidence

on record to connect the appellant with the crime.

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, evidence available on record and 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-

(3 of 3)

appellant Umar @ Amrit Khan S/o Shri Mubarik 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 03rd January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/54

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