Mahendra S/O Lakshman vs State Of Rajasthan
2021 Latest Caselaw 6846 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence App. No. 591/2021

                                         IN

                   S.B. Criminal Appeal No. 1053/2021

Mahendra S/o Lakshman, R/o Village Ajeta Police Station Gandoli
District Bundi (At Present Confined In District Jail Bundi)
                                                                      ----Appellant
                                     Versus
State Of Rajasthan, Through P.P
                                                                  ----Respondent

For Appellant(s)           :     Mr. V. P. Bishnoi
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 06.07.2021 passed by court of Special Court, POCSO Act,

and Children Rights Protection Commission Act, 2005, No.1, Bundi

in POCSO Session Case No. 121/2018 by which the appellant has

been convicted for offence/s under Sections 363, 366, 376(1) and

Section 3/4 POCSO Act and sentenced to maximum term of seven

years imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been falsely implicated in the case.

(2 of 3) [SOSA-591/2021]

Father of the prosecturix in his cross-examination has admitted

that prosecturix was married before the alleged incident,

thereafter, she has been married again with some other person.

She has turned hostile and she has not supported the case of

prosecution. Learned counsel relied on the statements of

prosecturix under Section 164 of Criminal Procedure Code.

Similarly, there are material contradictions in the statements of

the prosecturix. The prosecturix has stated different story in her

statements under Section 161 of Criminal Procedure Code (Ex.D1)

and 164 of Criminal Procedure Code (Ex.D2). No reliance can

been placed on those statements which were recorded during the

prosecution evidence in the Court. The appellant has been falsely

implicated due to dispute of compensation due to Naata Vivah.

During trial, he was on bail. Now, he is in custody. There are no

criminal antecedents against the appellant. 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-

(3 of 3) [SOSA-591/2021]

appellant Mahendra S/o Lakshman 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 /40

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