Mohammad Faheem S/O Gayasudeen vs State Of Rajasthan
2021 Latest Caselaw 7062 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 998/2021

                                       IN

               S.B. Criminal Appeal No. 1622/2021

Mohammad       Faheem      S/o     Gayasudeen,           R/o    Village   Saurav
/saurati, Police Station Baldiray, District Sultanpur (U.P) (At
Present Confined In Central Jail, Bharatpur)
                                                                   ----Appellant
                                   Versus
1.     State Of Rajasthan, Through P.P
2.     Sanjay Choudhary S/o Late Sh. Ramadhar Choudhary,
       R/o Chai Chhapra, Police Station Beriya, District Baliya
       (U.P)
                                                                ----Respondents

Connected With S.B. Criminal Appeal (Sb) No. 1621/2021 Mohammad Fahim Son Of Gayasudin, Resident Of Village Surav /sorti Police Station Baldirai, District Sultanpur (Uttar Pradesh) (At Present Accused Petitioner Confined In Central Jail, Sewar, Bharatpur)

----Appellant Versus State Of Rajasthan, Through Public Prosecutor

----Respondent

For Appellant(s) : Mr. Sanjay Khan Mr. Vipul Kumar Jaiman For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

30/11/2021 IN SOS Application No. 998/2021:-

1. Heard on application for suspension of sentence.

                                        (2 of 3)                    [SOSA-998/2021]


2.         The   appellant      has     filed     the     appeal     along   with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 27.07.2021 passed by court of learned Special Judge,

POCSO Act and Commission of Child Rights Act, 2005, No. 2,

Bharatpur in Session Case No. 67/2018 (350/2017) by which the

appellant has been convicted for offence/s under Sections 354A of

IPC and 9/10 of POCSO Act and sentenced to maximum term of

five years imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been sentenced to maximum term of

five years imprisonment for offence under Section 9/10 of POCSO

Act, out of which he has already served four years of sentence.

Appellant has been falsely implicated in the case due to some

extraneous reasons. Hearing of the appeal may take long time.

There are several material contradictions and infirmities in the

prosecution evidence. Statements of prosecturix-PW1, statements

of father of prosecutrix-PW2, mother of the prosecutrix-PW3 and

PW4-Arvind Kumar, are mutually contradictory and have different

version of the case.

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, sentence

already undergone by the appellant and overall facts and

(3 of 3) [SOSA-998/2021]

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 Mohammad Faheem S/o Gayasudeen 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 03.01.2022 and as and when

called upon to do so.

IN Criminal Appeal No. 1621/2021:-

The instant appeal is a duplicate appeal on behalf of the

appellant which came to be filed by learned counsel Mr. Vipul

Kumar Jaiman, who has been appointed by the RSLSA under the

Free Legal Aid Scheme.

As learned counsel Mr. Sanjay Khan, has already filed a

representative appeal No. 1622/2021, on behalf of the appellant,

the instant appeal is dismissed without prejudice to the right of

the appellant to challenge his conviction in S. B. Criminal Appeal

No. 1622/2021.

A copy of the order be placed in each file.

(MANOJ KUMAR VYAS),J

Pooja/48-49

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