HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

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

No. 1098/2022

Santosh Bheel S/o Kukaram, Aged About 24 Years, R/o Pipalwas,

Kesuli, Khamnore, District Rajsamand. Presenting Residing At

Fulad Road Phatak, Sojat Road, District Pali (Raj.) (Presently

Lodged In Central Jail, Udaipur)

----Petitioner

Versus

1.

State Of Rajasthan, Through Pp

2.

Devilal S/o Heeralal, R/o Naugama, Police Station

Kankroli, District Rajsamand.

----Respondents

For Petitioner(s)

:

Mr. Vineet Jain, Sr. Advocate with

Mr. Rajiv Bishnoi

For Respondent(s)

:

Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment / Order

18/01/2023

Heard learned counsel for the parties on the application

for suspension of sentence.

The instant application for suspension of sentence has

been preferred on behalf of the appellant-applicant, who has

been convicted and sentenced by the Special Judge, POCSO

Act Cases, Rajsamand vide judgment dated 28.10.2021. The

appellant-applicant has been sentenced as under :

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[SOSA-1098/2022]

Offence U/s

Sentence

Fine

Sentence in default of

payment of fine

341 IPC

Three months’

Imprisonment

-----

-----

5(M)/6

of

the POCSO

Act

Rigorous Life

Imprisonment

(till remainder

of natural life)

Rs.50,000/-

Three years’ S.I.

Learned counsel for the appellant-applicant has

submitted that the appellant-applicant has falsely been

implicated in this case. It is argued that the prosecution has

failed to prove the charge of sexual assault levelled against

the appellant-applicant by producing cogent and reliable

evidence. Learned counsel has submitted that as hearing of

the appeal preferred on behalf of the appellant-applicant 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 has been found guilty for

committing offence of sexual assault upon a nine years’ old

girl and convicted for the same by the trial court. It is

submitted that the prosecution has produced evidence, by

which, the charge of sexual assault upon a nine years’ old girl

is sufficiently proved against the appellant-applicant. Learned

Public Prosecutor has further submitted that if the sentence

awarded to the appellant-applicant is suspended, there is all

possibility that he may again indulge in criminal activities in

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[SOSA-1098/2022]

future. It is, thus, prayed that the application for suspension

of sentence preferred on behalf of the appellant-applicant be

rejected.

Having gone through the overall facts and circumstances

of the case; after carefully scrutinizing the record of the case,

particularly keeping in view the fact that the appellant-

applicant has been convicted for the offence of sexual assault

upon a nine years’ minor girl, no case for suspension of

sentence is made out.

Hence, this application for suspension of sentence is

dismissed.

(PRAVEER BHATNAGAR),J

(VIJAY BISHNOI),J

33 – ms rathore