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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Ajay, S/o. Prakash – Appellant
Versus
State Of Rajasthan, Through Pp – 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 19.10.2022 passed by the learned Special Court, POCSO Act Cases, Dungarpur in Sessions Case No.03/2022 whereby he was convicted and sentenced to suffer maximum imprisonment of 20 years RI along with a fine of Rs.50,000/- under Section 376(2) of the IPC r.w. Section 5/6 of the POCSO Act.
2. It is contended by the learned counsel for the appellant 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 being the first appellate Court. He prayed that 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 by learned counsel for the accused-applicant for releasing the appellant on application for suspension of sentence.
4. Heard learned counsel for the parties and perused the material available on record.
5. There exists a fine yet
Suspension of sentence under Section 389 CrPC requires the appellate court to assess the plausibility of the conviction's sustainability, considering the relationship context and evidence while prior....
The court ruled that suspension of sentence is warranted where there appears to be a substantial possibility of success on appeal, necessitating reevaluation of trial findings and evidence.
The appellate court must assess the sustainability of the conviction in suspension of sentence applications, particularly focusing on prima facie errors and debatable issues in the trial court's find....
Appellate courts may suspend sentences post-conviction if substantial grounds for appeal are evident, especially when the legality of evidence is in question.
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