Ashok Son Of Shri Kadu Alias Ramesh vs State Of Rajasthan
2021 Latest Caselaw 6883 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

       S.B. Criminal Misc. (SOS) Application No.1068/2021

                                       In

               S.B. Criminal Appeal No. 1731/2021

Ashok Son Of Shri Kadu Alias Ramesh, Aged About 24 Years,
Resident Of Dhodhar Police Station Dhodhar, District Sheopur MP
(At Present Confined At District Jail Karauli)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Appellant(s) : Mr. Malkhan Chaturvedi For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

24/11/2021 Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 31.08.2021 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act,

2012 and Child Right Protection Commission Act, 2005, Karauli

(Rajasthan) in Session Case No.14/2020 (CIS No.14/2020), by

which the appellant has been convicted for offence under Sections

376 of IPC and Sections 3/4 of POCSO Act, 2012 and sentenced to

maximum term of ten years.

(2 of 3) [SOSA-1068/2021]

It has been submitted by learned counsel for the appellant

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

material prosecution witnesses have not supported the

prosecution story. Prosecutrix-PW-2 is herself hostiled. She has

stated in her statement that nothing happened with her. No

offence was committed by the appellant against her. The appellant

did not commit rape upon her. She has resiled from her previous

statements. Similarly, PW-3-father of the prosecutrix, PW-4-

mother of the prosecutrix and PW-5-brother of the prosecutrix

have also turned hostile. There is no evidence on record to

connect the appellant with the crime. The medical evidence solely

cannot be made basis for conviction in absence of other

corroborating evidence of the prosecution. The appellant was on

bail during trial. Now, he is in custody since 31.08.2021. Hearing

of the appeal may take long time.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

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 deem it 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 Ashok Son Of Shri Kadu Alias Ramesh shall remain

suspended till disposal of this criminal appeal and he shall be

(3 of 3) [SOSA-1068/2021]

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 3rd January, 2022 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/29

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