Rajendra Son Of Mangi Lal vs State Of Rajasthan
2021 Latest Caselaw 6845 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence App. No. 861/2021
                                         IN
                   S.B. Criminal Appeal No. 1422/2021

Rajendra Son Of Mangi Lal, Aged About 40 Years, Resident Of
Champapura, Police Station Kalwad, Jaipur (Raj) (At Present
Accused Petitioner Confined In Central Jail Jaipur)
                                                                      ----Appellant
                                     Versus
State Of Rajasthan, Through Public Prosecutor
                                                                  ----Respondent

For Appellant(s)           :     Mr. Vinod Pathak
For Respondent(s)          :     Mr. Bhawani Shankar Sharma, PP



           HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                      Order

23/11/2021

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 02.09.2021 passed by court of Special Judge, POCSO Act,,

2012, No. 1, Jaipur Metropolitan-II(trial court) in Sessions Case

No. 121/2020 (198/2019) by which the appellant has been

convicted for offence/s under Section 9(L)/10 of POCSO Act and

sentenced to maximum term of five years imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been falsely implicated in the case.

The prosecution witnesses including prosecutrix, have not

identified the appellant. The appellant has been acquitted of the

(2 of 2) [SOSA-861/2021]

charges under Sections 5(L)/6 POCSO Act, 376(2-N) IPC and

376(3) IPC. He has been convicted for offence under Section

9(L)/10 of POCSO Act and sentenced to maximum terms of five

years imprisonment, out of which he has already served half of

the sentence awarded. Prosecution evidence is contradictory and

suffers from material infirmities. Hearing of the appeal may take

long time.

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 Rajendra Son Of Mangi Lal 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/-

(One Lakh) and two sureties of Rs.50,000/- (Fifty Thousand) each

to the satisfaction of the learned trial Court for his appearance in

this Court on 03.01.2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /42

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