Citation : 2022 Latest Caselaw 3918 Raj/2
Judgement Date : 18 May, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Second Suspension of Sentence
Application No.236/2022
IN
S.B. Criminal Appeal No. 619/2021
Sonu Mahavar Son Of Ram Bharosi Mahawar, R/o Village Bisala,
Police Station Mahwa, District Dausa, Presently Tenant
Kagdiwada, Lala Maharaj Ki Bagichi, Police Station Brahmpuri,
Jaipur (Accused Appellant Confined At Central Jail, Jaipur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Martand Pratap Singh For Complainant(s) : Mr. Kedar Nath Mahawar For State : Mr N.S. Gurjar, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
18/05/2022
1. Accused-applicant has preferred this second application for
suspension of sentence.
2. Heard on second application for suspension of sentence.
3. It is contended by counsel for the applicant that accused is
the son of real sister of complainant and now parties have
amicably settled the dispute. Applicant has remained in custody
for a period of three and a half years.
4. Counsel for the complainant has stated that it is a family
matter.
5. Learned Public Prosecutor has opposed the second
(2 of 2) [CRLAS-619/2021]
application for suspension of sentence.
5. I have considered the contentions.
6. This Court had rejected the first application for suspension of
sentence on 15.09.2021, taking into account of thirteen years old
girl who was raped by the present applicant and became pregnant
and the DNA points out towards the commission of the offence.
Since the parties have entered into a compromise but the offence
is committed with a child, aged thirteen years old girl and
sentence imposed for the offence by the Court is twenty years,
hence, I am not inclined to entertain the second application for
suspension of sentence.
7. Accordingly, the second application for suspension of
sentence is dismissed.
(PANKAJ BHANDARI),J
ARTI SHARMA /44
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