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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE FARJAND ALI, J
ASHOK S/O SHRI ISHWARLAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(FARJAND ALI, J.)
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 25.10.2018 passed by the learned Special Judge, Protection of Children From Sexual Offences Act, 2012 and the Commission For Protection of Child Right Act, 2005 No.2 Ajmer in Sessions Case No.06/2018 (222/2017) CIS No.133/2018 whereby he was convicted and sentenced to suffer maximum imprisonment of 10 years R.I. under Sections 376, & 376 (2)(i) of IPC and under Section 5(m)/6 of POCSO and lesser punishment for the other offences under Sections 342, 363 & 366A 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. 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 prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of senten
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 court established that the suspension of sentence can be granted based on the merits of the case and the reliability of evidence, particularly in cases involving serious allegations under the POC....
The court's decision on the application for suspension of sentence was influenced by the conviction for the offence of sexual assault upon a minor girl and the lack of evidence to support the claim o....
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 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 the accused has served a significant portion of the sentence and the appeal is unlikely to be heard soon, considering the absence of prior convictions.
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