Maulana Abdul Kuddus vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1742

ASHOK KUMAR JAIN
Maulana Abdul Kuddus – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Ashwin Garg
For the Respondent: Mr. Suresh Kumar, Public Prosecutor

Table of Content
1. application for suspension of sentence under pocso act. (Para 1 , 2)
2. court observes evidence and witness statements. (Para 3 , 4)
3. court decides to grant bail subject to conditions. (Para 5 , 6 , 7)

JUDGMENT :

Mr. Ashok Kumar Jain, J. - The instant application for suspension of sentence is preferred in pending appeal which was admitted on 7.10.2023 and aggrieved from order of conviction and sentence dated 21.9.2023 in Sessions Case No. 95/2020 passed by learned Special Judge (POCSO Act cases) No. 1, Jaipur Metro-II whereby appellant was convicted for offence under Sections 9 (F)/10, 9(M)/10 of POCSO Act and sentenced to undergo simple imprisonment of five years along with fine.

2. Learned Counsel for appellant while relying upon grounds of appeal submitted that instant case is false and fabricated case and appellant was falsely implicated. He also submitted that the report was registered after a delay wherein the allegation of touching and kissing victim were mentioned. He also submitted that victim was examined as PW-2 and whereas parents of victim were examined as PW-1 and PW-3 but the statements clearly show that the discrepancies and contradictions were enou

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