Prem @ Bhayyan S/O Deva Banjara vs State Of Rajasthan
2021 Latest Caselaw 5950 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            S.B. Criminal Misc. Suspension of Sentence

                       Application No.240/2021

                                        In

                 S.B. Criminal Appeal No. 386/2021

Prem @ Bhayyan S/o Deva Banjara, Aged About 25 Years, R/o
Basyari,    Police   Station      Khimlasa,        District      Sagar   (Madhya
Pradesh)
(Accused Appellant Is Confined In District Jail, Baran)
                                                          ----Accused/Appellant
                                    Versus
State Of Rajasthan, Through PP
                                                                  ----Respondent

For Appellant(s) : Mr. Girish Khandelwal with Mr. Aslam S. Khan For Respondent(s) : Mr. Imran Khan, PP

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 19.01.2021 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act,

2012 and Children Right Protection Commission Act, 2005, No.1,

Baran in Sessions Case No.59/2018(CIS No.123/2018), by which

the appellant has been convicted under Sections 363, 366 and

(2 of 3)

376(2)(i) of IPC, Section 3/4 of the Protection of Children from

Sexual Offences Act, 2012 and sentenced to maximum term of ten

years.

It has been submitted on behalf of the appellant that the

appellant was on bail during trial and now, he is in judicial custody

since last one year and nine months. FIR has been filed after a

delay of three days. Statement of prosecutrix does not inspire

confidence. She has stated in her examination in chief that she

was abducted under threat but in her cross-examination, she has

admitted the fact that she travelled along with the appellant by

rail and by other means, where several passengers were present

but she did not protest by any act. She has denied her previous

version in her statement recorded under Section 164 of Cr.P.C.

stating therein that she voluntarily went with the appellant and

they solemnized marriage in a temple. They lived together for

about four and a half months. There is no other reliable

connecting evidence.

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.

(3 of 3)

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to accused-

appellant Prem @ Bhayyan S/o Deva Banjara 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 26th November, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/39

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