Bhanwar Lal vs State Of Rajasthan

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

It is submitted that there exists contradiction in the statements of the witnesses and even in the statement of the prosecutrix. At one place, the prosecutrix has stated about rape during night time but the version was thereafter changed to show commission of rape in the morning. The prosecutrix's father has stated about stay of the accused-appellant with him for whole night on the date of occurrence, thus it does not corroborate the statement of the prosecutrix regarding rape on 3 to 4 occasions during night time on the date of occurrence. The doctor, who examined the prosecutrix, does not disclose any sign of rape. No injury on the private or other parts of the body has been found, rather, the prosecutrix was found virgin, thus a false case has been made against the accused-appellant due to enmity between the parties. In view of the above, sentence of the accusedappellant may be suspended during pendency of the appeal.

Learned Public Prosecutor has opposed the application for suspension of sentence. It is submitted that the prosecutrix has made specific allegation against the accused-appellant and she is minor, 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.

The contradiction in the statements of the prosecutrix and other witnesses has been shown by learned counsel for the accused-appellant, however, we do not want to make comment on it as it may ultimately affect either of the parties while arguing the appeal finally but having perused the record and statements of the prosecutrix and her father, we find a case for grant of the application for suspension of sentence.

Accordingly, the application for suspension of sentence is allowed and it is ordered that sentence awarded to accusedappellant namely Bhanwar Lal s/o Shri Kesar Lal by learned Special Judge, Protection of Children from Sexual Offences Act Cases, Ajmer in Session Case No.35/2016 (54/2015) 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 17th January, 2019 and whenever called upon to do so.