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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vijay Bishnoi, Praveer Bhatnagar, JJ.
Santosh Bheel – Appellant
Versus
State of Rajasthan & Ors. – Respondent
D.B. Criminal Miscellaneous Suspension of Sentence Application (Appeal) No. 1098 of 2022
Decided On : 18-01-2023
Suspension of Sentence - Sexual Assault - The court dismissed the application for suspension of sentence, considering the conviction of the appellant for the offence of sexual assault upon a nine years’ minor girl.
Fact of the Case:
The appellant-applicant was convicted and sentenced for the offence of sexual assault upon a nine years’ old girl. The appellant-applicant sought suspension of sentence, claiming false implication.
Finding of the Court:
The court found that no case for suspension of sentence was made out, considering the conviction for the offence of sexual assault upon a minor girl.
Issues: Application for suspension of sentence based on false implication and lack of evidence by the prosecution.
Ratio Decidendi: The court's decision was influenced by the conviction of the appellant for the offence of sexual assault upon a minor girl and the lack of evidence to support the claim of false implication.
Final Decision: The application for suspension of sentence was dismissed.
JUDGMENT
1. Heard learned counsel for the parties on the application for suspension of sentence.
2. 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:
Offence U/s | Sentence | Fine | Sentence in default of payment of fine |
341 IPC | Three months' Imprisonment | ----- | ----- |
5(M)/6 of the POCSO Act | Rigorous Life Imprisonment (till remainder of natural life) | Rs.50,000/- | Three years' S.I. |
3. 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.
4. 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 future. It is, thus, prayed that the application for suspension of sentence preferred on behalf of the appellant-applicant be rejected.
5. 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.
6. Hence, this application for suspension of sentence is dismissed.
The court's decision on the application for suspension of sentence was influenced by the conviction for the offence of sexual assault upon a minor girl and the lack of evidence to support the claim o....
The court established that the suspension of sentence can be granted based on the merits of the case and the reliability of evidence, particularly in cases involving serious allegations under the POC....
The court has the discretion to suspend a sentence pending appeal under Section 389 Cr.P.C., considering the circumstances and custody period of the appellant.
The consistent testimony of a victim can uphold a conviction under the POCSO Act, regardless of the absence of physical evidence of assault.
The court has the discretion to suspend a sentence pending appeal based on the circumstances of the case and the likelihood of the appeal taking time.
Once a person has been convicted, normally, an appellate Court will proceed on the basis that such person is guilty. It is no doubt true that even thereafter, it is open to the appellate Court to sus....
Facilitating the commission of a sexual offense can invoke liability under POCSO even without direct allegations of sexual assault against the accused.
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