Vijay Kumar Bairwa S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 6790 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence

                      Application No.147/2020

                                       In

                 S.B. Criminal Appeal No. 178/2020

Vijay Kumar Bairwa S/o Shri Rajulal Bairwa, R/o New Colony,
Near Krishi Mandi, Ward No. 20, Town Chaksu, District Jaipur
(At Present Confined In Central Jail Jaipur)
                                                         ----Accused-Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                 ----Respondent

For Appellant(s) : Mr. Ajeet Singh Devanda For Respondent(s) : Mr. Rajendra Yadav, AAG/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 06.12.2019 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act,

2012, No.2, Jaipur Metropolitan in Sessions Case

No.28/2019(07/2019), by which the appellant has been convicted

under Section 5(L)/6 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 due to

enmity of some other dispute. FIR (Ex.P.1) has been lodged on

18.04.2018. There is no specific date of alleged incident. In the

statement of prosecution witnesses, it has been alleged that the

offence was being committed for the last five years but during that

period, no complaint was made to any family member of the

prosecutrix. The prosecutrix in her statements has stated that

during those five years, the incident was not narrated or no

complaint was made to her mother, other family member or any

other person. For the first time, the incident was reported at the

time of lodging of FIR. FIR has been lodged after an inordinate

delay of five years. Investigating Officer has stated in his cross-

examination that the prosecutrix had written love letters to the

appellant. The appellant has been sentenced to a maximum term

of ten years, out of which, he has already served more than three

years of sentence. Prosecution evidence is contradictory and not

reliable. There are number of material contradictions and

infirmities in the prosecution evidence. Hearing of appeal may

take long 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

(3 of 3)

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 Vijay Kumar Bairwa S/o Shri Rajulal Bairwa 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/11

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