Order

08/02/2023 Heard learned counsel for the accused-appellant and learned public prosecutor on the application for suspension of sentence and perused the judgment impugned dated 12.01.2023 passed by Special Judge, POCSO Cases and Children Rights Protection Comission Act, No.2, Jhalawar(Raj.) in Sessions Case No. 45/2021 whereby the accused-appellant has been convicted for the offence punishable under sections 356 IPC read with section 7/8 of POCSO Act and has been sentenced with maximum of three years imprisonment along with fine of Rs. 2000/- and under section 3(1)(C), 3(1)(L), 3(I)(W)(i), 3(I) (W) (ii) SC/ST Act and has been sentenced with maximum of three years imprisonment along with fine of Rs. 5000/- .

Learned counsel for the accused-appellants submits that the trial court has grossly erred in convicting and sentencing the accused-appellant. It is submitted on behalf of the appellants that a false case has been foisted against them. Learned counsel further submits that the sentence has already been suspended by the learned trial court by exercising power under Section 389(1) of Cr.P.C. The accused appellants were on bail during trial and they have not misused the liberty gr