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2025 Supreme(Raj) 75

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Hitesh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
Mr. Jitendra Ojha, Mr. Deepak Choudhary, GA-cum-AAG, Mr. K.S.
Kumpawat, AAAG

ORDER :

MANOJ KUMAR GARG, J.

1.Heard learned counsel for the appellant and learned Additional Advocate General. Perused the material available on record.

2.Learned counsel for the appellant submits that the Prosecutrix admitted in her statement recorded under Section 164 Cr.P.C. (Ex.4), that she went along with the appellant with her own free will and she was examined before the trial court as PW-1, in which she clearly mentioned that she resided with the appellant for about seven days and in her cross-examination also, she also admits that previous to this incident, she ran away along with the appellant with her own free will. He further submits that the accused-appellant is inside judicial custody and hearing of the appeal is likely to take some time, therefore his sentence may be suspended.

3. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the fact that the appellant was on bail during the trial and hearing of the appeal will likely take time, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.

4. Learned Additional Advocate Ge

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