AMIT KUMAR vs THE STATE OF RAJASTHAN - 2024-02-16

O R D E R

1. Leave granted.

2. The appellant seeks suspension of sentence of the conviction rendered against him under Sections 363, 363A, 376(3) and 506 of the Indian Penal Code, 1860 read with Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, ‘the SC & ST Act’) along with the provisions of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the POCSO Act’).

3. Learned counsel appearing for the appellant submitted that the appellant was 19 years of age on the date of incident, and there is no clear evidence to come to the conclusion that the victim was a minor.

4. Learned counsel appearing for the State submitted that inasmuch as the conviction has been rendered under the provisions of the SC & ST Act and the POCSO Act, there is no need for interference.

5. We have perused the judgment of the Trial Court and the impugned order. We are of the considered view that the appellant is certainly entitled for suspension of sentence, particularly, when he was only 19 years of age at the time of the incident, and there is no clear evidence, prima facie pertaining to the age of the victim.

6. In such view of the matter, the impugned order stands set aside and there shall be an order of suspension of sentence of the appellant pending appeal. We make it clear that the observations made by this Court are prima facie in nature and, therefore, will not have any bearing on the disposal of the appeal pending before the High Court.

7. The appeal stands allowed.

8. Pending application(s), if any, shall stand disposed of.

……………………………………………………J.

[M.M. SUNDRESH]

……………………………………………………J.

[S.V.N. BHATTI]

NEW DELHI;

16TH FEBRUARY, 2024 ITEM NO.46 COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 11156/2023

(Arising out of impugned final judgment and order dated 09-05-2023 in DBCRMSOSA No. 73/2023 in DB Crl. A. No.7/2023 passed by the High Court of Judicature for Rajasthan at Jaipur)

AMIT KUMAR Petitioner(s)

VERSUS THE STATE OF RAJASTHAN & ANR. Respondent(s) Date : 16-02-2024 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. S.K. Sinha, AOR Mr. Shubham Kashyap, Adv.

Mrs. Seema Kashyap, Adv.

For Respondent(s) Mr. Samarhar Singh, Adv.

Mr. Ketan Paul, AOR Mr. Manoj Kumar, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The relevant portion of the order reads as under:-

‘In such view of the matter, the impugned order stands set aside and there shall be an order of suspension of sentence of the appellant pending appeal. We make it clear that the observations made by this Court are prima facie in nature and, therefore, will not have any bearing on the disposal of the appeal pending before the High Court.’

The appeal is allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(SWETA BALODI) (POONAM VAID)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed order is placed on the file)