Santosh Bheel vs State Of Rajasthan
2023 Latest Caselaw 712 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1098/2022

Santosh Bheel S/o Kukaram, Aged About 24 Years, R/o Pipalwas, Kesuli, Khamnore, District Rajsamand. Presenting Residing At Fulad Road Phatak, Sojat Road, District Pali (Raj.) (Presently Lodged In Central Jail, Udaipur)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Devilal S/o Heeralal, R/o Naugama, Police Station Kankroli, District Rajsamand.

----Respondents

For Petitioner(s) : Mr. Vineet Jain, Sr. Advocate with Mr. Rajiv Bishnoi

For Respondent(s) : Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment / Order

18/01/2023

Heard learned counsel for the parties on the application

for suspension of sentence.

The instant application for suspension of sentence has

been preferred on behalf of the appellant-applicant, who has

been convicted and sentenced by the Special Judge, POCSO

Act Cases, Rajsamand vide judgment dated 28.10.2021. The

appellant-applicant has been sentenced as under :

                                       (2 of 3)                  [SOSA-1098/2022]


Offence U/s    Sentence           Fine                 Sentence in default of
                                                       payment of fine
341 IPC        Three months'             -----                   -----
               Imprisonment
5(M)/6  of Rigorous Life Rs.50,000/-                       Three years' S.I.
the POCSO Imprisonment
Act        (till remainder
           of natural life)



     Learned     counsel       for      the      appellant-applicant       has

submitted that the appellant-applicant has falsely been

implicated in this case. It is argued that the prosecution has

failed to prove the charge of sexual assault levelled against

the appellant-applicant by producing cogent and reliable

evidence. Learned counsel has submitted that as hearing of

the appeal preferred on behalf of the appellant-applicant is

likely to take time, therefore, the sentence awarded to the

appellant-applicant may be suspended.

Per contra, learned Public Prosecutor has vehemently

opposed the application for suspension of sentence and

argued that the appellant-applicant has been found guilty for

committing offence of sexual assault upon a nine years' old

girl and convicted for the same by the trial court. It is

submitted that the prosecution has produced evidence, by

which, the charge of sexual assault upon a nine years' old girl

is sufficiently proved against the appellant-applicant. Learned

Public Prosecutor has further submitted that if the sentence

awarded to the appellant-applicant is suspended, there is all

possibility that he may again indulge in criminal activities in

(3 of 3) [SOSA-1098/2022]

future. It is, thus, prayed that the application for suspension

of sentence preferred on behalf of the appellant-applicant be

rejected.

Having gone through the overall facts and circumstances

of the case; after carefully scrutinizing the record of the case,

particularly keeping in view the fact that the appellant-

applicant has been convicted for the offence of sexual assault

upon a nine years' minor girl, no case for suspension of

sentence is made out.

Hence, this application for suspension of sentence is

dismissed.

(PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J

33 - ms rathore

Powered by TCPDF (www.tcpdf.org)