Back
FARJAND ALI
Ratanlal – 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-appellant in the matter of judgement dated 21.11.2022 passed by learned Special Judge, Special Court, POCSO Act, 2012 and Commission for the Protection of Child Right Act, 2005 No.2, Sriganganagar in Session Case No.74/2021 whereby he was convicted and sentenced to suffer maximum punishment of 10 years rigorous imprisonment along with fine of Rs.50,000/- and in default of payment of fine to undergo 1 year additional rigorous imprisonment under Section 3 76(2)(I) of IPC and lesser punishment for the other offences under Sections 3 63 & 366 of IPC and 3/4 of POCSO Act, 2012.
2. Learned counsel for the applicant-appellant vehemently and fervently contended that from the bare perusal of the statement of victim recorded during the investigation under Section 164 Cr.P.C and then in the trial manifestly make it clear that she was a consenting party, she eloped with the appellant at her own free will and volition without their being any compulsion or coercion. Learned counsel drew the attention of this court recorded under Section 161 Cr.P.C. which was tendered in evidence a
The court considers the credibility of witness statements and the evaluation of evidence concerning minor status in sexual offense cases.
The court may suspend a sentence if doubts arise regarding the conviction, particularly concerning the proof of the victim's age and the validity of consent.
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.
The court determined that the lack of conclusive evidence regarding the victim's age justified the suspension of the applicant's sentence.
Court grants bail due to uncertainties in prosecution case and prolonged appellate process.
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.
Execution of order of sentence can be suspended till final disposal of Criminal Appeal where facts and circumstances of case so warrant.
The prosecution must prove the victim's age in cases involving sexual offences; failure to do so can lead to suspension of sentence.
The court refused to consider the victim's consent due to the established age of the victim and the applicant's previous offenses under the POCSO Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
