Arif @ Mohammad Arif @ Kallu v. State of Rajasthan
2021-11-08
MANOJ KUMAR VYAS
body2021
DigiLaw.ai
JUDGMENT Heard on application for suspension of sentence. The appellant has filed the appeal along with application for suspension of sentence. This appeal has been preferred against the judgment of conviction and sentence dated 04.03.2020 passed by the Court of Special Judge, Protection of Children from Sexual Offence Act 2012 No.3, Jaipur Metropolitan, Jaipur in Sessions Case No.44/2019(27/2018) CIS No.30/2019, by which the appellant has been convicted under Sections 3/4 of the POCSO Act and sentenced to maximum term of seven years. It has been submitted on behalf of the appellant that the appellant has been falsely implicated in the case. The prosecutrix was major on the date of alleged incident. The appellant was on bail during trial and now, he is in judicial custody since the date of judgment of the trial court. He has been sentenced to a maximum term of seven years of imprisonment, out of which he has suffered almost three years of sentence. Statements of the prosecutrix are not reliable. She on her own free will, accompanied the appellant to different places. She also represented herself as wife of the appellant. Her statements are contradictory. No conviction can be based upon that evidence. There is no other reliable evidence against the appellant. Decision of appeal may take considerable time. Learned Public Prosecutor has opposed the application for suspension of sentence. Heard learned counsel for the parties. Taking into consideration the submissions of learned counsel for the appellant, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems just and proper to allow the application for suspension of sentence. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- appellant Arif @ Mohammad Arif @ Kallu S/o Mohammad Sabir shall remain suspended till disposal of this criminal appeal and he be released on bail, provided 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 for his appearance in this Court on 08th December, 2021 and as and when called upon to do so.