JUDGMENT

The petitioner has been convicted and sentenced as below vide Judgment dated 31.07.2021 passed by Additional Sessions Judge, Pali in Sessions Case No.175/2015 (C.I.S. No. 71/2015) :-

The petitioner has moved this application under Section 389 Cr.P.C. seeking suspension of sentences awarded to him by the trial court.

Learned Public Prosecutor has not chosen to file reply to the application for suspension of sentences and proposes to argue the matter orally.

Heard learned counsel for the petitioner and learned Public Prosecutor and perused impugned judgment and original record of the case.

Learned counsel for the petitioner submits that false allegation of rape has been levelled by the prosecutrix against the petitioner. There are material contradictions in the statement of the prosecutrix from the F.I.R. as well as statement under Section 164 Cr.P.C. He further submits that previously, the prosecutrix had lodged the F.I.R. against some others alleging rape with her, in which she was declared hostile and the accused were acquitted of the charges under Sections 147,