Rajasthan High Court
Mahendra Singh S/O Ramsahai vs State Of Rajasthan on 30 November, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Application for Suspension of Sentence
No.1133/2021
In
S.B. Criminal Appeal No. 1340/2021
Mahendra Singh S/o Ramsahai, Resident Of Rawanjna Dungar,
Police Station Rawanjna Dungar, District Sawaimadhopur
(Rajasthan)
(At Present Confined In District Jail-Bharatpur)
----Accused-Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Tarun Jain
For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
30/11/2021
Heard on application for suspension of sentence.
The appellant has filed the appeal along with application for
suspension of sentence.
This appeal has been preferred against the judgment of
conviction and sentence dated 17.08.2021 passed by the Special
Court, Prevention of Children from Sexual Offences Act, 2012,
Sawai Madhopur in Sessions Case No.27/2020, by which the
appellant has been convicted under Sections 457, 363, 366,
376(3) of IPC and Section 5/6 of the POCSO Act and sentenced to
maximum term of twenty years.
(2 of 3)
It has been submitted by learned counsel for the appellant
that the appellant has been falsely implicated in the case. There is
no evidence on record to connect the accused-appellant with the
crime. Learned trial court has erred in convicting and sentencing
the accused. Material witnesses of the case have turned hostile.
P.W.13 (proesecutrix), P.W. 10 (brother of the prosecutrix), P.W.11
(mother of the prosecutrix) and P.W.12 (sister of the prosecutrix),
all have turned hostile. They have not supported the prosecution
version.
It is further submitted that the conviction has been made
solely on the basis of medical evidence and DNA report but
Hon'ble Gujarat High Court has held in the case of Premjibhai
Bachubhai Khasiya v. State of Gujarat and anr. (2009(2) GLR
1268) that science of DNA is at developing stage and cannot be
considered as conclusive proof of paternity. Such report cannot be
accepted in isolation i.e. as sole peace of evidence to record
conviction in rape case. Positive report can be of great significance
where there is supporting evidence. Hon'ble Gujarat High Court
has relied upon the judgment of Hon'ble Apex Court in the case of
Ranjitsing Brahmajeetsing Sharma v. State of Maharashtra,
(2005)5 SCC 294.
It has further been submitted that during trial, the appellant
was on bail and now, he is in custody since 17.08.2021. He has
already served about one year of sentence. Hearing of appeal may
take long time.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
(3 of 3)
Heard learned counsel for the parties and scanned the
evidence available on record carefully.
Taking into consideration the submissions of learned counsel
for the appellant, 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 Mahendra Singh S/o Ramsahai shall remain
suspended till disposal of this criminal appeal and he be released
on bail, provided the appellant furnishes a personal bond of
Rs.1,00,000/- and two sureties of Rs.50,000/- each to the
satisfaction of the learned trial court for his appearance in this
Court on 03rd January, 2022 and as and when called upon to do
so.
(MANOJ KUMAR VYAS),J
Aks/Hemant/-12
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