High Court dismissed an application for suspension of sentence filed by Santosh Bheel, who was convicted under the POCSO Act for sexual assault on a minor. The court held no case for suspension given the gravity of the offence.
Application for suspension of sentence dismissed; rigorous life imprisonment to continue.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1098/2022
Santosh Bheel S/o Kukaram, Aged About 24 Years, R/o Pipalwas, Kesuli, Khamnore, District Rajsamand. Presenting Residing At Fulad Road Phatak, Sojat Road, District Pali (Raj.) (Presently Lodged In Central Jail, Udaipur)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vineet Jain, Sr. Advocate with Mr. Rajiv Bishnoi For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Judgment / Order
18/01/2023
Heard learned counsel for the parties on the application for suspension of sentence.
The instant application for suspension of sentence has been preferred on behalf of the appellant-applicant, who has been convicted and sentenced by the Special Judge, POCSO Act Cases, Rajsamand vide judgment dated 28.10.2021. The appellant-applicant has been sentenced as under :
(2 of 3)
[SOSA-1098/2022]
| Offence U/s | Sentence | Fine | Sentence in default of payment of fine |
|---|---|---|---|
| 341 IPC | Three months’ Imprisonment |
----- | ----- |
| 5(M)/6 of the POCSO Act |
Rigorous Life Imprisonment (till remainder of natural life) |
Rs.50,000/- | Three years’ S.I. |
Learned counsel for the appellant-applicant has submitted that the appellant-applicant has falsely been implicated in this case. It is argued that the prosecution has failed to prove the charge of sexual assault levelled against the appellant-applicant by producing cogent and reliable evidence. Learned counsel has submitted that as hearing of the appeal preferred on behalf of the appellant-applicant is likely to take time, therefore, the sentence awarded to the appellant-applicant may be suspended.
Per contra, learned Public Prosecutor has vehemently opposed the application for suspension of sentence and argued that the appellant-applicant has been found guilty for committing offence of sexual assault upon a nine years’ old girl and convicted for the same by the trial court. It is submitted that the prosecution has produced evidence, by which, the charge of sexual assault upon a nine years’ old girl is sufficiently proved against the appellant-applicant. Learned Public Prosecutor has further submitted that if the sentence awarded to the appellant-applicant is suspended, there is all possibility that he may again indulge in criminal activities in
(3 of 3) [SOSA-1098/2022]
future. It is, thus, prayed that the application for suspension of sentence preferred on behalf of the appellant-applicant be rejected.
Having gone through the overall facts and circumstances of the case; after carefully scrutinizing the record of the case, particularly keeping in view the fact that the appellantapplicant has been convicted for the offence of sexual assault upon a nine years’ minor girl, no case for suspension of sentence is made out.
Hence, this application for suspension of sentence is dismissed.
(PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J
33 – ms rathore
1 issue framed by the court
Whether suspension of sentence can be granted when the petitioner was convicted of sexual assault upon a nine-year-old girl.
Santosh Bheel
State of Rajasthan
Devilal
Vijay Bishnoi
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
