Ajay Kumar vs State Of Rajasthan

Heard learned counsel for the accused-appellant and learned Public Prosecutor as well as learned counsel for the complainant on the application for suspension of sentence.

It is stated that the accused-appellant was on bail during trial and otherwise, initial statement of the prosecutrix was favourable to him. A reference of Exhibit D-2 has been given where the prosecutrix has stated that she went along with the accused-appellant at her own. The prosecutrix made different statements with improvement under Section 164 Cr.P.C. and even in the Court. The story was brought about threatening by the accused-appellant after taking her photographs while bathing. The Investigating Officer could not collect any photograph from the mobile and otherwise, thus the story given subsequently is not proved. The medical report is also favourable to the accused- appellant, thus his sentence may be suspended during pendency of the appeal.

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the application for suspension of sentence. It is submitted that the prosecutrix has made specific allegation against the accused-appellant and his uncle for committing rape, thus the application for suspension of sentence may not be allowed.

We have considered rival submissions made by learned counsel for the parties and perused the record.

Any comment at this stage may cause prejudice to either of the parties at the time of final hearing of the appeal, thus we are refraining ourselves to make comment, however, taking into consideration the facts of this case and also that the accused- appellant was on bail during trial, we are inclined to accept the application for suspension of sentence.

Accordingly, the application for suspension of sentence is allowed and it is ordered that sentence awarded to accused- appellants namely Ajay Kumar s/o Ramswaroop by learned Sessions Judge, Jhunjhunu (Raj.) in Session Case No.28/2017 (CIS No.28/2017) shall remain suspended during pendency of the appeal and he be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety in the like amount to the satisfaction of learned trial court with the stipulation that he shall appear before this Court on 07th January, 2019 and whenever called upon to do so.

Since, an apprehension has been shown by learned counsel for the accused-appellant about delay in hearing of the appeal, thus Registry is directed to list the appeal for hearing on 09th January, 2019 on priority. The requirement of paper book is dispensed with.