Rajasthan High Court
Moh. Jameel Ansari S/O Shri Ayub ... vs State Of Rajasthan on 29 November, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Suspension of Sentence Application
No.1050/2021
In
S.B. Criminal Appeal No. 1701/2021
1. Moh. Jameel Ansari S/o Shri Ayub Ansari,
2. Smt. Sultana W/o Mo. Jameel,
Both are R/o Shivdaspura Police Station Bishanpur District
Darbhanga Bihar At Present R/o House No. B-458, Janglal
Ki Chouki, Near Of Aayasha Masjid, Shastri Nagar Jaipur
(Both are At Present Confined In Judicial Custody At
Centre Jail Jaipur)
----Accused/Appellants
Versus
State Of Rajasthan Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Vinod Kumar Sharma
For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
29/11/2021
Heard on application for suspension of sentence.
Appellants have filed the appeal along with application for
suspension of sentence.
This appeal has been preferred against the judgment of
conviction and sentence dated 12.10.2021 passed by the Court of
Special Judge, Protection of Children from Sexual Offences Act,
2012, No.2, Jaipur Metropolitan First in Sessions Case
No.55/2019(CIS No.678/2019), by which the appellants have
(2 of 3)
been convicted under Sections 344, 370(4) and 374 of IPC and
sentenced to maximum term of ten years.
It has been submitted on behalf of the appellants that the
appellants have been falsely implicated in the case. During trial,
they were on bail and now, they are in judicial custody since
12.10.2021. There are number of material contradictions and
infirmities in the prosecution evidence. P.W.12 regarding whom the
allegations have been levelled against the appellants, has stated in
his cross-examination that appellants did not get any work of
bangles done by him. There are other contradictions in the
statement of P.W.12 which make it highly improbable that the
prosecution version is true. P.W.11, the landlord of the premises in
which it is alleged that the factory of bangles was being run, has
turned hostile. There is no recovery from the alleged premises.
P.W.12 has stated that six or seven other children were working in
that factory but no name of any other child has been disclosed. No
other child has been examined during the investigation or during
trial. There is no identity of those children.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Heard learned counsel for the parties and scanned the
evidence available on record carefully.
Taking into consideration the submissions of learned counsel
for the appellants, 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.
(3 of 3)
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence awarded to accused-
appellants Moh. Jameel Ansari S/o Shri Ayub Ansari and Smt.
Sultana W/o Mo. Jameel shall remain suspended till disposal of
this criminal appeal and they be released on bail, provided each of
them 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
their appearance in this Court on 03 rd January, 2022 and as and
when called upon to do so.
(MANOJ KUMAR VYAS),J
Hemant/Satyendra/11
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