Rajasthan High Court
Ramavtar @ Avtar Singh S/O Mishri ... vs State Of Rajasthan on 28 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B Criminal Misc. (SOS) Bail Application No.1253/2020
In
S.B. Criminal Appeal No. 446/2019
Ramavtar @ Avtar Singh S/o Mishri Lal, Aged About 26 Years,
R/o Vill. Napa Kheda @ Girvarpura Ps Sanwar Dist. Ajmer
(Confined In Dist. Jail Tonk)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Sampat Lal Songara
For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
28/10/2021
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 25.01.2019 passed by the Court of
Special Judge, POCSO Act, District-Tonk in Case No.29/2018, by
which the appellant has been convicted for the offence under
Section 376(2)(n) of IPC and Section 5L/6 of the POCSO Act and
sentenced to maximum term of ten years of rigorous
imprisonment.
It has been submitted by counsel for the appellant that
the prosecution evidence is contradictory. The statement of
(2 of 3) [SOSA-1253/2020]
prosecutrix does not inspire the confidence. The prosecutrix has
turned hostile. He has not fully supported the prosecution case.
The appellant has served almost half of the sentence as per
custody certificate. The medical evidence is also negative. Age of
the prosecutrix has not been proved by reliable evidence. School
certificate has not proved by sufficient evidence. Learned counsel
has relied upon the judgment in the case of Dinesh Kumar Vs.
State reported in 2021 (1) WLC (Raj.) 489.
Learned Public Prosecutor has opposed the application
for suspension of sentence and has submitted that at the time of
commission of the offence, the prosecutrix was minor girl aged
about 13 years. Her School certificate at (Exhibit-P-18) has been
proved by the sufficient evidence and by the evidence of PW-9-
Satyanarayan, who has proved the School record regarding age of
the prosecutrix. Statement of PW-3 of the prosecutrix also fully
supports the prosecution case. She has specifically made
allegation against the present appellant. There are no material
contradictions in her statement. It has further been submitted that
the petitioner was not on bail during trial. He has been convicted
for the offence under Sections 376 (2)(n) of IPC and Section 5L/6
of the POCSO Act and has been sentenced to a maximum term of
10 years of rigorous imprisonment.
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, evidence available on record and gravity
of the offence and overall facts and circumstances of the case but
without commenting upon detailed merits of the case, this Court
(3 of 3) [SOSA-1253/2020]
does not deem it just and proper to allow the application for
suspension of sentence.
Accordingly, the application for suspension of sentence
is dismissed.
(MANOJ KUMAR VYAS),J
Sunita/9
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