Latoor Lal S/O Deva Meena vs State Of Rajasthan
2021 Latest Caselaw 6999 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S.B. Criminal Misc. Suspension of Sentence App. No. 1015/2021

                                           IN

                 S.B. Criminal Appeal No. 1660/2021

Latoor Lal S/o Deva Meena, Aged About 38 Years, R/o Bhojgarh
Police Station Basoli, District Bundi (Raj) (Presently Confined In
District jail Bundi )
                                                                        ----Appellant
                                       Versus
State Of Rajasthan, Through Public Prosecutor
                                                                    ----Respondent

For Appellant(s) : Mr. Amitabh Vijaywargia For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

29/11/2021

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 13.08.2021 passed by court of Special Court, POCSO Act

and Commission for Protection of Child Rights Act, 2005, No. 2,

Bundi (Raj.) in Sessions Case No. 103/2020 by which the

appellant has been convicted for offence/s under Sections 447,

376 of IPC and sentenced to maximum term of ten years

imprisonment.

4. It has been submitted by learned counsel for the

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appellant that appellant has been falsely implicated in the case.

There are several material contradictions and infirmities in the

prosecution evidence. PW1-prosecutrix has stated in her

examination that the offence was committed by the appellant in

20 feet deep pit in the farm. Due to which, there were injuries on

her legs. Foru Lal came there and tried to stop the appellant, then

appellant ran behind Foru Lal holding a kulhadi in his hand. In her

statements given to the police Ex.D1, she has stated that her

husband was working in nearby farm. But her husband has stated

that his wife reported the matter to him in the evening. Doctor-

PW4 has stated that during medical examination of the

prosecutrix, no external injuries were found on her body. PW6-

Manohari, PW8-Foru Lal have turned hostile and not supported the

prosecution case. Appellant is behind bars since 30.07.2020.

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

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 Latoor Lal S/o Deva Meena shall remain suspended till

(3 of 3) [SOSA-1015/2021]

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 /27

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