Dismissed
Ravi Kumar S/O Shri Murari Lal v. State of Rajasthan
Rajasthan HCSOSA/110/2023
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JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR…
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JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR…
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc 3rd Suspension Of Sentence Application (Appeal) No. 110/2023
In
S.B. Criminal Appeal No. 880/2019
Ravi Kumar S/o Shri Murari Lal, Aged About 24 Years, Resident Of Bajawa Rawat Ka Police Station Gudhagodji District Jhunjhunu (Rajasthan) (Presently He Is Confined In Central. Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Hemant Gajraj For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
04/07/2023
The instant third application for suspension of sentence is preferred in pending appeal which was admitted on 07.07.2020 and aggrieved from order of conviction and sentence dated 20.12.2018 in Sessions Case No. 123/2016 passed by learned Additional Sessions Judge No.2, Jhunjhunu whereby appellant was convicted for offence under Sections 376, 459 and 323 IPC and sentenced accordingly.
Learned counsel for appellant submitted that after dismissal of second application for suspension of sentence, appellant remained in custody for more than additional period of three years, so they had moved third bail application. He further submitted that till now a total period of nearly five years have
[SOSA-110/2023]
(2 of 3)
been undergone by the appellant against awarded sentence of 10 years. He further submitted that this is a false and fabricated case and same is evident from report (Ex.P-4) wherein, no allegation of rape was mentioned by son of prosecutrix whereas in the statement recorded by police, prosecutrix had improved her version and alleged commission of rape by present appellant. He further submitted that the story of prosecution was not corroborated from evidence on record. He further submitted that prosecutrix was examined as PW-4 before the learned trial court wherein she had made improvement from her previous version. At last, he submitted that learned trial court without considering the discrepancies on record had convicted and sentenced present appellant thereby ignoring the fact that prosecutrix was more than 70 years of age and her story is highly improbable.
Aforesaid contentions were opposed by learned Public Prosecutor.
Heard learned counsel for appellant and learned Public Prosecutor. Perused the record.
The first application for suspension of sentence was dismissed as withdrawn on 05.12.2019 whereas second application for suspension of sentence was dismissed on 07.07.2020. In this case, the age of prosecutrix is nearly 70 years and appellant was on bail during trial. After judgment of conviction, he was taken into custody and till now he had served little less than five years in custody.
Considered the grounds as raised by learned counsel for appellant wherein one of the grounds was improvement in
[SOSA-110/2023]
(3 of 3)
statement of prosecutrix. In this case, FIR was registered by son of prosecutrix and in the statement of prosecutrix under Section 164 Cr.P.C., she had alleged penetrative sexual assault by present appellant and same was repeated during deposition before the court. This court had considered merits while disposing second application for suspension of sentence. In view of the fact that victim is a senior citizen and her deposition was considered by learned trial court, no case is made out to release appellant on bail.
Hence, third application for suspension of sentence is dismissed.
Misc. application stands disposed of.
(ASHOK KUMAR JAIN),J
PREETI VALECHA /41
Ravi Kumar S/o Shri Murari Lal
State Of Rajasthan
Ashok Kumar Jain
As recorded by the court registry
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