Makhan S/O Shri Ramprasad vs State Of Rajasthan
2021 Latest Caselaw 6847 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence App. No. 859/2021

                                         IN

                   S.B. Criminal Appeal No. 1409/2021

Makhan S/o Shri Ramprasad, Aged About 22 Years, R/o Chirmil,
Police Station Karanpur,. District Karauli (Raj) (At Present
Confined In District Jail Karauli)
                                                                      ----Appellant
                                     Versus
State Of Rajasthan, Through P.P
                                                                  ----Respondent

For Appellant(s)           :     Mr. Mukesh Pal Jadoun
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 04.09.2021 passed by court of Special Judge, POCSO Act,

2012 and Children Rights Protection Commission Act, 2005,

Karauli (Raj.) in Session Case No. 04/2021 CIS No. 04/2021, by

which the appellant has been convicted for offence/s under

Sections 376 IPC and Section 3/4 of POCSO Act and sentenced to

maximum term of ten years imprisonment.

4. It has been submitted by learned counsel for the

(2 of 3) [SOSA-859/2021]

appellant that appellant has been falsely implicated in the case.

During trial he was on bail. Now, he is in custody since

04.09.2021. It is further submitted that in this case, prosecurtix

PW1, PW2-mother of the prosecutrix and other relatives PW3,

PW4, PW5, PW6 PW7, have turned hostile. All material witnesses

have deposed that no offence was committed by the appellant

against the prosecutrix. Learned counsel for the appellant has

relied upon the judgment of Gujrat High Court in the case of

Premjibhai Bachubhai Khasiya Vs. State of Gujrat & Anr.:

2009(80) AIC 884, wherein it has been held that "Science DNA is

at developing stage and cannot be considered as conclusive proof

of paternity. Positive report can be of great significance where

there is supporting evidence. However, such report cannot be

accepted in isolation i.e. as sole piece of evidence to record

conviction in rape case". Gujrat High Court in its case referred to

the judgment of Hon'ble Supreme Court in Ranjitsing

Brahmajeetsing Sharma Vs. State of Maharashtra & Anr:(2005) 5

SCC 294. It is further submitted that 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

(3 of 3) [SOSA-859/2021]

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 Makhan S/o Shri Ramprasad, 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 /41

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