Dismissed

Abdul Hafij S/O Shri Abdul Raheman B/C Musalman v. State of Rajasthan through Pp

Rajasthan HC6 Sept 2018SOSA/868/2018

Case brief

AI extract

What is this about?

D.B. Criminal Appeal where appellant sought suspension of sentence in rape case involving prosecutrix under POCSO allegations. Bench rejected suspension application citing lack of reliable evidence for consent and compromised age dispute.

What did the court decide?

Application for suspension of sentence dismissed; appeal listed for hearing after paper book submission.

Abdul Hafij S/O Shri Abdul Raheman B/C… — Child Sexual Offences (POCSO) | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. Application for Suspension of Sentence No.868/2018

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D.B. Criminal Appeal No. 84/2018

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Abdul Hafij S/o Shri Abdul Raheman B/c Musalman, R/o Gali No. 17, Nawal Nagar Longia Mohalla, Police Station Ganj, Ajmer, At Present Dargi Mohalla Lakhan Kotadi, Ps Dargah, Ajmer. At Present Confined In Central Jail Ajmer

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----Appellant

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Versus

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State Of Rajasthan Through P.p.

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----Respondent

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For Appellant(s) : Mr.Vinay Pal Yadav For Respondent(s) : Mr.Alladeen Khan, Public Prosectuor

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI

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Order

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06/09/2018

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

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The prosecutrix has made statement against the accused-appellant for commissioning of offence under Section 376(2)(i) and (n) of IPC along with Section 5(L)(M)/6 of the Protection of Children from Sexual Offences Act, 2012.

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Learned counsel for the accused-appellant has made a reference to statement of prosecutrix and other witnesses to show it to be a case of consent.

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(2 of 2)

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[SOSA 868/2018]

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It is stated that medical evidence does not suggest commission of rape and even a dispute about age of prosecutrix has been raised. According to learned counsel for the accusedappellant, no reliable evidence was led by the Prosecution to establish the age of prosecutrix, that too, below the age of 18 years. Taking into consideration the facts available on record, the prayer is made to suspend the sentence of the accused-appellant.

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Learned Public Prosecutor has opposed the application for suspension of sentence. It is submitted that prosecutrix has made specific allegation against the accused-appellant. Thus, taking into consideration her own statement, sentence of accusedappellant may not be suspended moreso when he was not on bail during trial. The age of the prosecutrix was also proved to below 18 years.

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After hearing learned counsel for the parties, we find that a case is not made out for suspension of sentence. Any comment on the arguments of either of the parties may affect final hearing of the appeal but taking into consideration the material available on record, we do not find a case for suspension of sentence. Accordingly, the application for suspension of sentence is dismissed.

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Learned counsel for the accused-appellant is directed to submit the paper book at the earliest and immediately on its submission, let the appeal be listed for hearing.

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(DINESH CHANDRA SOMANI),J

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(M.N.BHANDARI),J

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Preeti/28

Abdul Hafij S/O Shri Abdul Raheman B/C Musalman v. State of Rajasthan through Pp

Case brief

What is this about?

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Abdul Hafij S/O Shri Abdul Raheman B/C Musalman v. State of Rajasthan through Pp

Case brief

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What the court decided

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