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VIJAY BISHNOI, PRAVEER BHATNAGAR
Santosh Bheel – Appellant
Versus
State of Rajasthan – Respondent
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 senten
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