Rajasthan High Court
Yogesh S/O Shri Mahendra Singh vs State Of Rajasthan on 25 November, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.1056/2021
IN
S.B. Criminal Appeal No. 1710/2021
Yogesh S/o Shri Mahendra Singh, R/o Dada Fatehpura, Police Station
Khetri, At Present Ward No. 18 Pilani, Police Station Pilani, District
Jhunjhunu (At Present Confined In District Jail Jhunjhunu)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Vinay Pal Yadav
For Respondent(s) : Mr. Yashwant Kankhedia, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
25/11/2021
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 04.12.2020 passed by the Court of learned Special
Judge Protection of Children From Sexual Offences Act 2012 and
Commission For Protection of Child Right Act 2005, Jhunjhunu in
Sessions Case No.55/2018(10/2018), by which the appellant has been
convicted under Sections 354, 363 of IPC read with Section 7/8 of
Protection of Children From Sexual Offences Act, 2012 and sentenced to
maximum term of five years.
It has been submitted by learned counsel for the appellant that
the appellant has been sentenced to a maximum term of five years of
(2 of 2) [CRLAS-1710/2021]
imprisonment. As per certificate under Rule 311(3) of the Rajasthan
High Court Rules, the appellant was on bail during trial and, now he is
behind the bars. He has already completed sentence of more than six
months. There are no criminal antecedents of the appellant. There are
material contradiction and infirmities in the prosecution evidence.
Prosecutrix gave different versions in her statements recorded under
Section 164 Cr.P.C. (Exhibit P-5). Identification of the appellant was not
conducted during investigation. 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 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
Yogesh S/o Shri Mahendra Singh 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.50,000/- and
two sureties of Rs.25,000/- each to the satisfaction of the learned trial
court for his appearance in this Court on 3 rd January, 2022 and as and
when called upon to do so.
(MANOJ KUMAR VYAS),J
Simple Kumawat /22
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