Anil @APPELLANT@Hash State of Rajasthan & Ors

Heard learned counsel for the parties and perused the impugned order.

Learned counsel for the appellant has submitted that the trial court has concluded that on the date of incident, the age of the prosecutrix was 17 years,

11 months and 18 days, however, as per the medical report, the prosecutrix had attained the age of 18 years. It is submitted that as a matter of fact,

the prosecutrix has gone with the appellant on her own free will but later on, under the pressure of her parents, she has levelled false allegation of rape

and kidnapping against the appellant. It is further submitted that during trial, the appellant was on bail and he has not misused the conditions of the

same and hearing of the appeal is likely to take time.

Learned Public Prosecutor has opposed the application for suspension of sentence.  Â

Having considered the facts and circumstances of the case and substantial grounds taken in the appeal, this Court is of the opinion that there are

strong grounds for challenging the judgment of conviction and as hearing of the appeal is likely to take time, this Court is inclined to suspend the

sentences awarded to the appellant.

Accordingly, this application for suspension of sentences is allowed and it is directed that the sentences awarded to appellant â€" Anil S/o Shri

Ramesh by the Special Judge, POCSO Act Cases and Addl. Sessions Judge No.3, Chittorgarh by judgment dated 16.8.2018 shall remain suspended

till final disposal of the aforesaid appeal provided he executes a personal bond for a sum of Rs.50,000/- along with two solvent sureties in the sum of

Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before this Court on 22.10.2018 and whenever called upon to do so till

the disposal of the appeal on the conditions inidcated below:-

(1) That he/she/they will appear before the trial court in the month of January of every year till the appeal is decided.

(2) That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial court as well as to

the counsel in the High Court.

(3) Similarly, if the sureties change their address(s), they will give in writing their changed address(s) to the trial court.

The learned trial court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc.

Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for

ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court.

In case the said accused-applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for

cancellation of bail.