HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application

No.1170/2020

In

S.B. Criminal Appeal No. 1749/2020

Shanu Pathan S/o Shri Chaman Pathan @ Pappu Pathan, Aged

About 30 Years, R/o Village Khatoli Tehsil Peepalda Police Station

Khatoli Distt. Kota Raj. (At Present Confined In Central Jail Kota

Distt. Kota Raj.)

----Appellant

Versus

State Of Rajasthan, through PP

----Respondent

For Appellant(s)

:

Ms Jamila Bano with

Mr. Abdul Rahim Khan

For Respondent(s)

:

Mr. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

22/09/2021

1.

Accused-appellant has preferred this suspension of sentence

application.

2.

Heard on application for suspension of sentence.

3.

It is contended by counsel for the appellant that prosecutrix

at the time of alleged offence was a major. However, in her

statement she has alleged that three years ago rape was

committed with her by the appellant. It is also contended that

prosecutrix went with the appellant on her own free will and went

to different places in public transportation and also to densely

populated places like dargah, without raising any alarm. It is

(2 of 2)

[SOSA-1170/2020]

further contended that only after she was recovered by the police

she has levelled allegation of rape against the appellant. Appellant

was on bail during trial. Appellant was also aged 22 years at the

time of commission of alleged offence.

4.

Learned Public Prosecutor has opposed the suspension of

sentence application.

5.

I have considered the contentions.

6.

Considering the contentions put forth by counsel for the

appellant and taking note of the fact that the allegation that has

been levelled is of three years prior to the date of lodging of FIR,

prosecutrix was a major, she stayed with the appellant for three

days, went to different places in public transportation without

raising any alarm and that appellant was on bail during trial, I

deem it proper to allow the suspension of sentence application.

7.

Accordingly, the suspension of sentence application is

allowed. It is ordered that the sentence awarded to accused

appellant in Sessions Case No.19/2018 shall remain suspended if

the appellant furnishes a personal bond of Rs.1,00,000/- and two

sureties of Rs.50,000/- each to the satisfaction of the learned trial

Court to the effect that he shall appear before this Court as and

when called upon to do so.

(PANKAJ BHANDARI),J

HEENA/10