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ANIL KUMAR UPMAN
Devendra @ Dilkhush S/o Nand Kishor – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Heard learned counsel for the applicant-appellant, learned State counsel and counsel for the complainant on the application for suspension of execution of sentence.
2. The applicant-appellant herein has been convicted for the offences punishable under Section 363, 366 & 376(3) of IPC and Section 5(L)/6 of Protection of Children from Sexual Offence Act, 2012 vide judgment dated 16.08.2023 passed by learned Special Judge, Protection of Children from Sexual Offences Act, 2012 & Protection of Children Rights Commission Act, 2005, Karauli (Raj.) in Sessions Case No. 81/2022 (CIS No. 81/2022) and has been sentenced to maximum punishment of twenty years.
3. Learned counsel for the appellant-applicant submits that appellant-applicant has wrongly been convicted by the learned trial Court. Counsel submits that learned trial Court has failed to appreciate the evidence available on record in correct perspective. Counsel submits that it is also admitted case that after giving sleeping pills to the family members in the food, she left her parental house with her own will with the appellant. Counsel submits that at the time of alleged incident, victim was fully grown up girl which is indi
The court suspended the sentence based on the victim's age and circumstances, allowing the appellant to appeal the conviction.
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 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 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.
Execution of order of sentence can be suspended till final disposal of Criminal Appeal where facts and circumstances of case so warrant.
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