Pawan Son Of Chhitar Lal vs State Of Rajasthan (2024:Rj-Jp:36689)
2024 Latest Caselaw 5635 Raj/2

Rajasthan High Court

Pawan Son Of Chhitar Lal vs State Of Rajasthan (2024:Rj-Jp:36689) on 2 September, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:36689]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                 No. 100/2023

                                          IN

                     S.B. Criminal Appeal No.74/2023

Pawan Son Of Chhitar Lal, Aged About 25 Years, Resident Of
Kotdi (Patheda) Police Station Baran Sadar, District Baran
(Rajasthan) (At Present Confined In District Jail, Baran)
                                                                     ----Appellant
                                      Versus
State Of Rajasthan, Through PP
                                                                   ----Respondent

For Appellant(s)            :     Mr. Ashvin Garg
                                  Mr. Nonit Hatila
For Respondent(s)           :     Mr. Amit Punia, PP



           HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

                                       Order

02/09/2024
1.    Heard     learned    counsel        for    the     applicant-appellant   and

learned Public Prosecutor on the application for suspension of

execution of sentence. Perused the material available on record.

2. The applicant-appellant herein has been convicted for the

offences punishable under Sections 454 & 376 of IPC and Section

3/4 of POCSO Act vide judgment dated 25.11.2022 passed by

learned Special Judge, Protection of Children from Sexual

Offences Act & Child Right Protection Commission Act, 2005 No.2,

Baran (Raj.) in Sessions Case No.81/2020 (CIS No.109/2020) and

has been sentenced to maximum punishment of twenty years.

[2024:RJ-JP:36689] (2 of 3) [SOSA-100/2023]

3. Learned counsel for the applicant submits that appellant-

applicant has wrongly been convicted by the learned trial court as

mentioned above. Learned trial court has not appreciated the

evidence in right and correct perspective. He submits that as per

custody certificate, appellant is in custody since 09.04.2020 and he

has already suffered a period of incarceration of about 4 years & 9

months. Counsel submits that at the time of medical examination,

no sign of sexual assault was found on the body of the prosecutrix

and simply on the basis of DNA report, conviction has been

awarded by the learned trial court.

4. Learned Public Prosecutor opposes the submissions made by

learned counsel for the appellant and submits that at the time of

commission of offence, prosecutrix was a minor girl, aged about

14 years and according to the DNA report, male DNA of appellant

has been found on the undergarment as well as vaginal swab of

the prosecutrix. He further submits that complainant/victim of this

case has duly been informed about hearing of this application for

suspension of execution of sentence.

5. Despite information, no one has put in appearance on behalf

of the complainant.

6. Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

as available on the record, especially the fact that at the time of

commission of alleged offence, prosecutrix was aged about 14

years and she categorically levelled allegations of committing rape

upon her by the appellant in her court testimony as well as

statement recorded under Section 164 Cr.P.C., I do not find a fit

[2024:RJ-JP:36689] (3 of 3) [SOSA-100/2023]

case for suspension of execution of sentence application at this

stage.

7. Accordingly, instant application for suspension of execution

of sentence is dismissed.

8. However, looking to the custody period of the appellant

which is about 4 years & 9 months, applicant would be at liberty

to renew the prayer of suspension of execution of sentence, if

appeal is not heard finally on or before 31.08.2025.

(ANIL KUMAR UPMAN),J

GAUTAM JAIN /61

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