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2022 Supreme(Raj) 2016

SANDEEP MEHTA, VINOD KUMAR BHARWANI
Rameshwar – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
B.S. Charan, Advocate, for the Appellant
B.R. Bishnoi, AGC, for the Respondents

JUDGMENT

1. The instant application for suspension of sentences under Section 389 Cr.P.C. has been preferred by appellant-applicant Rameshwar @ Dinesh @ Ramesh S/o Shri Mohan Lal who has been convicted and sentenced as below vide judgment dated 06.11.2017 passed by Special Judge, POCSO Act Cases, District Bhilwara in Sessions Case No. 56/2017:

Offence Under Section

Imprisonment

Fine

Sentence in default of fine

363 IPC

7 years' RI

 Rs. 1,000/-

6 months' SI

366A IPC

10 years' RI

Rs. 1,000/-

6 months' SI

376 IPC R.W.S. 3/4 of POCSO Act

10 years' RI

Rs. 1,000/-

6 months' SI

3(1) (xii) of the SC/ST Act

5 years' RI

Rs. 1,000/-

6 months' SI

3(2)(v) of the SC/ST Act

Life imprisonment

Rs. 1,000/-

6 months' SI

All the sentences were ordered to run concurrently.

2. Learned Public Prosecutor has filed reply to the application for suspension of sentences.

3. Learned counsel Shri Charan representing the appellant submitted that the conviction of the appellant for the offences under the SC/ST (Prevention of Atrocities) Act and the sentence of life imprisonment awarded to him on this count is illegal because prosecution has not come out with the case that the appellant committed the crime with the victim Mst.

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