RAJESH KUMAR @ RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) It is contended on behalf of the Appellant that FIR in the present case was lodged by eye -witness PW8 Chhitar Lal, who was declared hostile during trial of the case. Other eye -witness PW13 Jyoti is only 9 years of age and she came to depose statement before the Court from the custody of her maternal grand -father.

(3.) It is further contended that statement of PW13 Jyoti was not recorded by the Investigating Officer from 19.03.2007 to 28.03.2007, there is no other eye -witness of the incident to support the prosecution case, therefore, the sentence of imprisonment awarded to the Appellant by the trial Court be suspended during pendency of the appeal.