Sonu S/O Rohitash vs State Of Rajasthan
2021 Latest Caselaw 5947 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

        S.B. Criminal Misc. Bail Application No.1041/2020

               (Suspension of Sentence Application)

                                       In

               S.B. Criminal Appeal No. 1436/2020

Sonu S/o Rohitash, R/o Ward No. 07, Tijara Town, Police Station
Tijara, District Alwar (Raj.)
(At Present Accused Confined In Central Jail Alwar)
                                                         ----Accused/Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Appellant(s)         :     Mr. Ghanshyam Dass
                               Mr. Amitabh Jatav
For Respondent(s)        :     Mr. Bhawani Shankar Sharma, PP
                               Mr. Gajender Singh Rathore



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                    Order

26/10/2021

Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 24.07.2020 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act,

2012 and Commission for Protection of Child Rights Act, 2005

No.4, Alwar in Sessions Case No.45/2018, by which the appellant

has been convicted under Sections 363, 366-A and 376 of IPC and

(2 of 3)

sentenced to maximum term of ten years.

It has been submitted on behalf of the appellant that there is

no reliable evidence against the prosecutrix. FSL report is

negative. There is no medical evidence to connect the appellant

with the crime. Statements of P.W.1 prosecutrix does not inspire

confidence. In her examination in chief, she has alleged against

the present appellant but has not made any allegation against the

co-accused Balwant. Then, again during the cross-examination,

she has levelled allegation against the co-accused Balwant also.

Age of the prosecutrix was about 17 years. Co-accused Balwant

has already been released on bail by a co-ordinate Bench of this

court. As per certificate under Rule 311 of the Rajasthan High

Court Rules, the appellant was on bail during trial and after the

pronouncement of judgment, he is confined in Central Jail, Alwar.

He has already undergone one years imprisonment.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

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 Sonu S/o Rohitash shall remain suspended till disposal

(3 of 3)

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 26 th November, 2021 and

as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/3

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