HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 1049/2022

Pappu @ Purkharam S/o Shri Surta, Aged About 42 Years, R/o

Rakhana, P.s. Rohat, Dist. Pali (Marwar), Rajasthan. At Present

Lodged In Jail, At Udaipur.

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Shashi Prakash Joshi

For Respondent(s)

:

Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

06/02/2023

Heard learned counsel for the parties on the application for

suspension of sentence.

The instant application for suspension of sentence has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the Special Judge, POCSO Act, 2012 & Protection of

Child Rights Act, 2005 vide judgment dated 28.11.2019 in

Sessions Case No.1/2018. The appellant-applicant has been

sentenced as under :-

Offence U/s

Sentence

Fine

Sentence in default of

payment of fine

302 IPC

Life

imprisonment

Rs.5,000/-

1 months’ S.I.

302 IPC

Life

Rs.5,000/-

1 months’ S.I.

(2 of 3)

[SOSA-1049/2022]

imprisonment

376-A IPC

Life

imprisonment

Rs.5,000/-

1 months’ S.I.

376(2)(f)IPC Life

imprisonment

Rs.5,000/-

1 months’ S.I.

376(2)(i)

IPC

Life

imprisonment

Rs.5,000/-

1 months’ S.I.

Learned counsel for the appellant-applicant submitted that

the learned trial court has grossly erred in convicting and

sentencing the appellant-applicant vide impugned judgment dated

28.11.2019. It is argued that no direct evidence is produced by

the prosecution and the conviction of the appellant-applicant is

based solely of circumstantial evidence. It is submitted that the

circumstantial evidence produced by the prosecution is not cogent

and reliable and the learned trial court has grossly erred in relying

on the same. Learned counsel has further submitted that the

learned trial court has also erred in drawing presumption against

the appellant-applicant. It is also submitted that the appellant-

applicant is in jail around more than eight years and the final

hearing of the appeal is likely to take time, therefore, the

sentence awarded to the appellant-applicant may be suspended.

Per contra, learned Public Prosecutor has vehemently

opposed the application for suspension of sentence and argued

that the appellant-applicant is found guilty of murder of his two

children. It is also submitted that the prosecution has produced

cogent and reliable evidence to prove its case and the learned trial

court has not committed any illegality in convicting and sentencing

the appellant-applicant. It is also submitted that the learned trial

court has found the appellant-applicant guilty of committing

heinous crime of sexual assault on his minor daughter and by

(3 of 3)

[SOSA-1049/2022]

committing murder of his minor children. Learned Public

Prosecutor, thus, prays that in the facts and circumstances of the

case, the sentence awarded to the appellant-applicant may not be

suspended.

Having heard learned counsel for the parties and after

carefully scrutinizing the record of the case, particularly keeping in

view the fact that two minor children have been murdered and a

minor girl has been sexually assaulted in this case, we are inclined

to suspend the sentence awarded to the appellant-applicant.

Hence, this application for suspension of sentence is

dismissed.

(YOGENDRA KUMAR PUROHIT),J

(VIJAY BISHNOI),J

27-nitin/-