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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Suraj Kushwah @ Rambabu @ Pachchis S/o Tulsiram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This second suspension of sentence application is preferred by appellant-accused in criminal appeal admitted on 11.07.2024 and filed aggrieved from order of conviction and sentence dated 04.04.2024 in sessions case No. 21/2022 passed by learned Special Judge, POCSO Act Cases No.1, Baran wherein appellant-accused was convicted and sentenced under Section 363 IPC and 11/12 POCSO Act.
2. Learned counsel for the appellant while relying upon grounds of appeal submitted that without observing principle of law learned trial court has arrived at a conclusion of conviction. He further submitted that learned trial court has overlooked material contradictions and discrepancies, which goes to root of the matter. He further submitted that the entire case of prosecution rests on testimony of interested witness and no independent witness was examined to corroborate the story of prosecution.
3. Learned counsel for appellant submits that maximum sentence awarded to appellant is three years whereas the appellant has undergone sentence of more than two years four months and ten days out of said sentence. He further undertakes that if appellant being released on bail, he will not indulge in di
Suspension of sentence for fixed-term convictions should be granted liberally, barring exceptional circumstances, emphasizing the necessity of the victim's testimony in sexual offense cases.
When a convict is serving a fixed-term sentence and their appeal is unlikely to be heard promptly, courts should liberally exercise discretion to suspend the sentence, particularly if the convict has....
The court established that under Section 389 CrPC, the suspension of sentences is warranted in cases of significant delays in appeal hearings to uphold the rights of the accused and prevent injustice....
The court has the discretion to suspend sentences under Section 389 CrPC to prevent the frustration of the purpose of filing the appeal.
Prolonged custody and insufficient evidence justify suspension of sentence during appeal under the POCSO Act.
The court may allow the suspension of sentences if the grounds raised by the appellant for suspension are arguable and the disposal of the appeal would consume time.
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