HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc Suspension Of Sentence Application No.

881/2023

in

S.B. Criminal Appeal No. 1399/2023

1.

Smt. Aameena W/o Asloop Khan, Resident Of Rajpur

Chota Police Station Rajgarh, District Alwar (At Present

The Accused Appellant Are Confined In The Central Jail

Alwar)

2.

Aashu Khan S/o Bodha Khan, Resident Of Rajpur Chota

Police Station Rajgarh, District Alwar (At Present The

Accused Appellant Are Confined In The Central Jail Alwar)

3.

Arshad Khan S/o Bodha Khan, Resident Of Rajpur Chota

Police Station Rajgarh, District Alwar (At Present The

Accused Appellant Are Confined In The Central Jail Alwar)

----Petitioners

Versus

State Of Rajasthan, Through Public Prosecutor

----Respondent

For Petitioner(s)

:

Mr. Manish Gupta

For Respondent(s)

:

Mr. B.L. Nasuna, Dy.GA.

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

11/07/2023

This application for suspension of sentence is preferred in

pending appeal which was admitted for hearing on 01.06.2023

filed aggrieved from order of conviction and sentence dated

17.05.2023 in sessions case No. 36/2018 passed by learned

Special Judge (POCSO Act cases) No.2, Alwar whereby the

appellants were convicted under Sections 366, 366(A), 376(2)(I)

read with Section 120-B IPC & Section 4/17 of POCSO Act and

(2 of 4)

[SOSA-881/2023]

further sentenced to undergo simple imprisonment of ten years,

rigorous imprisonment of ten years, rigorous imprisonment of ten

years along with fine respectively.

Learned counsel for appellants submits that learned trial

court has taken cognizance against present appellants under

Section 190 Cr.P.C. as these appellants were not forwarded by

police for trial. He further submits that other appellants Khurshid,

Jakru @ Jafru and Smt. Kashmiri @ Kashmira were convicted by

learned trial court on 07.03.2017 and this Hon’ble Court has

already allowed their application for suspension of sentence. He

further submits that there was no evidence and during

investigation nothing was found against them. He further submits

that the involvement of present appellants was only on the basis

of suspicion and alleged animosity as there was no direct or

indirect evidence available on record against these appellants. He

further submits that prosecutrix was examined as PW-1 before the

trial court and she named present appellants for the act of

kidnapping, though it was not proved during police investigation.

He further submits that these appellants were on bail during trial

and disposal of appeal will take its own time, so, they be released

on bail.

Aforesaid contentions were opposed by learned Public

Prosecutor.

Heard learned counsel for appellants and learned Public

Prosecutor and perused the record.

A perusal of record particularly judgment dated 07.03.2017

indicates that after registration of F.I.R. no. 94/2014, police

investigated the matter and involvement of Khurshid, Kashmiri @

(3 of 4)

[SOSA-881/2023]

Kashmira, Jakru @ Jafru was found proved. A charge-sheet was

filed against Khurshid, Kashmiri @ Kashmira, Jakru @ Jafru but

under Section 190 Cr.P.C., whereby learned trial court proceeded

to take cognizance against present appellants- Ashu, Asrad &

Aameena. The judgment dated 07.03.2017 clearly indicates that

the allegation of rape was on Khurshid. The present appellants

were found guilty under Sections 366, 366(A), 376(2)(i) read with

Section 120-B of IPC and Section 4 read with Section 17 of POCSO

Act.

Having considered the entirety of facts and circumstances of

the case, as the appellants were on bail during trial, I am of the

considered view it is appropriate that appellants can be granted

the benefit of bail. The application for suspension of sentence of

accused- Smt. Aameena W/o Asloop Khan, Aashu Khan S/o

Bodha Khan & Arshad Khan S/o Bodha Khan are allowed and

sentence is suspended till