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2026 Supreme(Raj) 572

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Shiv S/o Ganga – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Kapil Gupta
For the Respondent: Rajendra Singh Shekhawat

ORDER :

1. Instant second application for suspension of sentence is preferred aggrieved from order of conviction and sentence dated 16.09.2022 in Sessions Case No.57/2020 passed by learned Special Judge (POCSO Act, Cases) No.1, Alwar whereby appellant was convicted for charge under Sections 363, 366, 376AB IPC and Section 5(m)/6 POCSO Act and Section 3(2)(va) SC/ST (POA) 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 petitioner submits that the father of victim has not supported the case of prosecution, rather he turned hostile. He further referred the statement of PW-1 victim and submitted that her statement is not sufficient to draw a conclusion that present petitioner has committed any sexual offense with

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