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DEVENDRA KACHHAWAHA
Barkat Kha – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - Heard.
Admit. Issue notice.
Learned Public Prosecutor puts in appearance on behalf of the respondent (State), therefore, notices need not to be issued.
Record already received.
2. Heard learned counsel for the appellant-applicant, learned Public Prosecutor and learned counsel appearing on behalf of the complainant, on application (No.745/2021) for suspension of sentences.
3. Learned Public Prosecutor does not want to file the reply on the application for suspension of sentences.
4. By the instant application preferred under Section 389 Cr.P.C., appellant-applicant has craved for suspending the sentences handed down by learned Special Judge, POCSO (Prevention of Children from Sexual Offences) Act, 2012, Jodhpur Metro (for short, ?learned trial Court?), by its verdict dated 26.10.2021 in Sessions Case No.76/2018. Learned trial Court, by the aforesaid verdict, convicted the appellant-applicant for offence under Section 5L/6 read with Section 16/17 of the POCSO (Prevention of Children from Sexual Offences) Act.
5. Arguing on the application for suspension of sentences, it is submitted by learned counsel that there is an allegation of abetment against the appe
The court established that suspension of sentences under Section 389 Cr.P.C. can be granted based on the circumstances of the case, including prior bail status and the nature of allegations.
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
The court may allow the suspension of sentences if the grounds raised by the appellant for suspension are arguable and the disposal of the appeal would consume time.
The court suspended the applicant's sentence due to the lack of confidence in the victim's testimony and the backlog of pending appeals.
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....
Suspension of sentence granted based on contradictions in the victim's statement and the appellant's prior bail status.
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