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2021 DIGILAW 1408 (RAJ)

Mosin Khan v. State of Rajasthan

2021-08-06

PANKAJ BHANDARI

body2021
JUDGMENT 1. Heard on applications for suspension of sentence. 2. It is contended by counsels for the appellants that there is a delay of two months in lodging of FIR. Prosecutrix has stated that her husband asked to lodge the FIR. It is also contended that P.W. 1-Firoz Khan (husband of prosecutrix) has turned hostile. He has stated that he is not aware of any incident. It is further contended that prosecutrix-P.W. 2 has denied giving statement under Section 161 Cr.P.C. and Section 164 Cr.P.C. before the Magistrate. She has also denied that she was shown some obscene photographs or video clippings. It is also contended that prosecutrix has given evidence that she informed her husband about the incident on the same day. However, no FIR was lodged on that day and the FIR was lodged after an inordinate delay of two months. It is further contended that appellants have been acquitted for offence of Sections 384 and 323 IPC. It is also contended that appellants have remained in custody for a period of about three years. 3. Learned Public Prosecutor has opposed the applications for suspension of sentence. 4. I have considered the contentions. 5. Prosecutrix is a married lady who has lodged the present FIR after an inordinate delay of two months. Her husband has turned hostile. Court below has acquitted the accused persons for offence under Sections 384 and 323 of I.P.C. No obscene material has been recovered and prosecutrix herself has stated that she has not seen any obscene video clippings. Prosecutrix has also stated that she has not given any statement under Section 161 Cr.P.C. & and 164 Cr.P.C. Appellants have remained in custody for a period of about three years. 6. Considering the contentions of counsel for the appellants and taking note of the above facts, applications for suspension of sentence are allowed. 7. Accordingly, the applications for suspension of sentence are allowed. It is ordered that the sentence awarded to accused-applicants in Session Case No.576/2018 shall remain suspended if the appellants furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that they shall appear before this Court as and when called upon to do so. 8. A copy of this order be placed in connected files.