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INDERJEET SINGH, ASHUTOSH KUMAR
Rajpal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
This suspension of sentence application has been filed by the accused-applicant along with the appeal.
2. Learned counsel for the accused-applicant submits that the accused-applicant has been convicted for the offences under Sections 366, 376D & 342 of Indian Penal Code, 1860 and Section 5/6 of the Protection of Children From the Sexual Offences Act, 2012.
3. Learned counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the applicant is confined in Central Jail, Bikaner. He further submits that the applicant has been falsely implicated in this matter and he has already served the sentence for a period of more than seven years. He further submits the sentence of similarly situated co-accused persons namely Babita @ Babli and Vikram Singh has already been suspended by the Co-ordinate Bench of this Court vide order dated 07.02.2022 in D.B. Criminal Misc. Suspension of Sentence Application No.473/2019 in D.B. Criminal Appeal No.399/2018, which reads as under:-
Learned counsel for the appellants would argue that the prosecution has utt
The court suspended the sentence of the accused-applicant due to doubts regarding the prosecution's evidence and the significant time already served.
The court determined that the lack of conclusive evidence regarding the victim's age justified the suspension of the applicant's sentence.
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 may suspend a sentence if doubts arise regarding the conviction, particularly concerning the proof of the victim's age and the validity of consent.
The court ruled that insufficient proof of the victim's age justified the suspension of the applicant's sentence under IPC and POCSO Act.
The court suspended the sentence based on the victim's age and circumstances, allowing the appellant to appeal the conviction.
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