Ram Prasad Sahu vs State of Rajasthan - 2023 Supreme(Raj) 2136

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2136

FARJAND ALI
Ram Prasad Sahu – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Appellant : : Mr. Alok Sharma on behalf of Mr. Ashawni Kumar Sharma
For the Respondent: Mr. Sher Singh Mehla, PP

ORDER :

Farjand Ali, J.

Heard learned counsel for the accused-appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 04.03.2021 passed by Special Judge, POCSO Act 2012 No.1, Jaipur Metropolitan First Jaipur (Raj.) in Sessions Case No.188/2019(CIS No.602/2020) whereby the accused-appellant has been convicted for the offence punishable under sections ¾ POCSO Act and has been sentenced with maximum of ten years rigorous imprisonment along with fine 25,000/-.

2. Learned counsel for the appellant submits that there was a dispute between the appellant and the complainant in respect of some amount which the claimant was claiming from him in lieu of the services rendered by him but when the dispute aggravated, he, upon instigation by other rival person, made a false complaint. There is major contradiction and discrepancy in the case which goes to the root of the case and makes the entire story of the prosecution highly suspicious. It is submitted that the FIR came to be lodged after five years of the incident but no explanation has been furnished in this regard, thus, possibility of false implication and embellishment cann

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