Khemchand S/O Ramsukha vs State Of Rajasthan
2021 Latest Caselaw 6957 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Criminal Appeal No. 968/2021

Khemchand S/o Ramsukha, R/o Bhudar Ka Bass, Police Station
N.E.B, Alwar, Rajasthan.(At present in Central Jail, Alwar.)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                ----Respondent

For Appellant(s) : Mr. Gajender Singh Rathore For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order

26/11/2021 Heard.

Appeal is admitted.

S.B. Criminal Misc. (SOS) Application No.622/2021

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 of

conviction and sentence dated 24.03.2021 passed by the Court of

Special Judge, The Protection of Children from Sexual Offences

Act, 2012, No.1, Alwar (Raj.) in Session Case No.127/2018, by

which the appellant has been convicted for offences under

Sections 354-B of IPC, 9N/10 and 11/12 of the POCSO Act, 2012

and sentenced to maximum term of seven years.

4. It has been submitted by learned counsel for the appellant

that the appellant has been sentenced to maximum term of seven

years of imprisonment for offence under Section 9N/10 of the

(2 of 2) [CRLAS-968/2021]

POCSO Act. He has already served more than half of the sentence

as per custody certificate. Hearing of the appeal may take long

time. There are material contradictions and infirmities in the

prosecution evidence. Prosecution witnesses PW-2-Vikram, PW-4-

Kishorilal, PW-5-Chameli and PW-9-Ramkishore have turned

hostile. They have not supported the prosecution case.

5. Heard learned counsel for the parties and scanned the

evidence available on record carefully.

6. Learned Public Prosecutor has opposed the application for

suspension of sentence.

7. 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 it 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 Khemchand S/o Ramsukha 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 3rd January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Sunita/21

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