Rajasthan High Court
Deendayal Son Of Shri Hariram Mali vs State Of Rajasthan on 25 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Misc. Suspension of Sentence App. No. 563/2021
IN
S.B. Criminal Appeal No. 854/2021
Deendayal Son Of Shri Hariram Mali, Aged About 22 Years,
Resident Of Sewa, Police Station Vajirpur, District Sawai
Madhopur At Present At District Jail, Karauli
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Amit Punia
For Respondent(s) : Mr. Yashwant Kankhadea, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
25/10/2021
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 08.04.2021 passed by court of Special Judge, The
Protection of Children From Sexual Offences Act, 2012 and Child
Right Protection Commission Act, 2005, Karauli in Sessions case
No. 03/2020 (CIS No. 03/2020) by which the appellant has been
convicted for offence/s under Section 6 of the Protection of
Children From Sexual Offences Act, 2012 and sentenced to
maximum term of 20 years imprisonment.
4. It has been submitted by learned counsel for the
appellant in this case PW1-prosecutrix, PW2-Mother of the
(2 of 3) [CRLAS-854/2021]
prosecutrix, PW3-Father of the prosecutrix and PW4-Sister of the
prosecutrix, have not supported the prosecution case. The
prosecutrix has not deposed anything against the present
appellant. It has further been submitted that learned trial court
has wrongly relied upon the medical evidence which does not
inspire the confidence of the court. As per certificate under Rule
311(3) of the Rajasthan High Court Rule, 1952, the appellant was
on bail during trial. Now, he is in judicial custody since date of
judgment i.e. 08.04.2021. Decision of the appeal may take
considerable 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 appellant, 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 Deendayal Son Of Shri Hariram Mali 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/- (Rupees One Lakh) and two sureties of
Rs.50,000/- (Rupees Fifty Thousand) each to the satisfaction of
(3 of 3) [CRLAS-854/2021]
the learned trial Court for his appearance in this Court on
25.11.2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Pooja/49
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