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FARJAND ALI
Jai Kishan Meena – Appellant
Versus
State Of Rajasthan – Respondent
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 06.08.2022 passed by Special Judge, POCSO Act Cases, No.2, Jaipur Metropolitan-II, Jaipur in Sessions Case No.134/2020 (CIS No.94/2019) whereby the accused-appellant has been convicted for the offence punishable under Section(s) 365 & 376 IPC and has been sentenced with maximum of twenty years rigorous imprisonment along with fine of Rs. 1,00,000/-.
2. Learned counsel for the accused-appellant submits that the trial court has grossly erred in convicting and sentencing the accused-appellant. It is submitted on behalf of the appellant that the element of consent is easily inferable from the statement of the prosecutrix and the other relevant material. She is a major girl aged of 22 years. She admits in her statement recorded under Section 164 Cr.P.C. that the appellant was her neighbour. She has not levelled any allegation when she was examined under Section 161 Cr.P.C. and thus, the material improvement has been made in her own statement. He was on bail during the entire course of the trial but the
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 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....
The court has the discretion to suspend the jail sentence of an appellant under Section 389 of Cr.P.C, subject to certain conditions.
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 absence of conclusive proof of the victim's age and the consensual nature of the relationship justified the suspension of the sentence under the POCSO Act.
Suspension of sentence granted in light of the applicant's prior relationship with the victim and backlog of appeals, balancing the gravity of the offences with the rights of the accused.
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