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Siddharth @ Rinku vs State Of Rajasthan

Rajasthan High Court · Decided on 6 December 2021 · Citation: (2021) 12 RAJ CK 0032

HON’BLE JUDGES
Manoj Kumar Vyas, J
ACTS & SECTIONS REFERRED
Protection Of Children From Sexual Offences Act, 2012 — Section 7, 8 · Indian Penal Code, 1860 — Section 354D
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail (SOS) Application No.1206 Of 2021 In S.B. Criminal Appeal No. 1936 Of 2021
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Judgment

8 paragraphs · 301 words

Manoj Kumar Vyas, J

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 25.11.2021 passed by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012, No.2, Jaipur Metropolitan-I in Sessions Case No.17/2021(149/2019), by which the appellant has been convicted under Section 7/8 of the POCSO Act and Section 354D of IPC and sentenced to maximum term of three years and six months.

It has been submitted on behalf of the appellant that the appellant has been falsely implicated in the case. During trial, he was on bail and now, he is behind the bars since the date of judgment i.e. 25.11.2021. He has been sentenced to a maximum term of three years and six months of imprisonment. There are no criminal antecedents of the appellant. Hearing of appeal may take long time.

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

Heard learned counsel for the parties and scanned the evidence available on record carefully.

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 Siddharth @ Rinku S/o Nahar Singh shall remain suspended till disposal of this criminal appeal and he be released on bail, provided the appellant furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance in this Court on 06th January, 2022 and as and when called upon to do so.