Shankar Lal vs State Of Rajasthan
2022 Latest Caselaw 11293 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc II Suspension Of Sentence Application (Appeal) No. 603/2022

Shankar Lal S/o Shri Khiyra Ram, Aged About 25 Years, B/c Meghwal , Degana, Distt. Nagaur , Raj. (At Present Lodged In Central Jail , Ajmer)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Jafar Khan For Respondent(s) : Mr. B.R. Bishnoi, AGC

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

09/09/2022

The instant second application for suspension of

sentence under Section 389 CrPC has been preferred by the

appellant-applicant Shankar Lal S/o Khiya Ram, who has been

convicted for the offences punishable under Section 363, 366-A,

376(2)(1) of the IPC and Section 3/4 of the POCSO Act and

sentenced to undergo 10 years' simple imprisonment for the

offence under Section 3/4 of the POCSO Act alongwith other lesser

sentences vide the judgment dated 13.08.2018 passed by the

learned Special Judge (POCSO Act Cases), Merta in Sessions Case

No.194/2016.

I have heard and considered the submissions advanced

by the learned counsel for the appellant-applicant and the learned

Public Prosecutor and have gone through the record.

(2 of 2) [SOSA-603/2022]

There is a distinct allegation of the prosecution that the

appellant seduced the minor victim, kidnapped her and then kept

her confined for almost 12 days, during which period, the victim

was subjected to sexual assault. Thus, I am not inclined to

enlarge the appellant on bail by suspending the sentences

awarded to him. Accordingly, the instant application for

suspension of sentences is dismissed.

(SANDEEP MEHTA),J 12-Pramod/-

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