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FARJAND ALI
Deepa @ Amandeep Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 21.02.2022 passed by the learned Special Judge, Protection of Children From Sexual Offences Act, 2012 & Commissions for Protection of Child Rights Act, 2005, Court No.2, Sriganganagar in Sessions Case No.106/2021 (C.I.S. No.84/2018) whereby he was convicted and sentenced to suffer maximum imprisonment of twenty years rigorous imprisonment along with a fine of Rs.25,000/- under Section 376D of IPC read with 5(G)/6 of POCSO Act, 2012 and lesser punishmentS for the other offences under Sections 363 and 366 of IPC.
2. It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. He was on bail during trial and did not misuse the liberty so granted to him; hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.
3. Per contra, learned public pro
The court ruled that the applicant's sentence should be suspended due to the lengthy appeal process and significant contradictions in the prosecution's evidence.
The main legal point established in the judgment is the court's discretion to suspend a sentence under Section 389 Cr.P.C. pending appeal, considering the overall circumstances and potential jeopardy....
The court suspended the sentence based on the victim's age and circumstances, allowing the appellant to appeal the conviction.
Suspension of sentence granted based on contradictions in the victim's statement and the appellant's prior bail status.
The court suspended the sentence of the accused-applicant due to doubts regarding the prosecution's evidence and the significant time already served.
Suspension of sentence granted based on contradictions in victim's statement and appellant's prior bail status.
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