KALURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this application for suspension of Sentence under Section 389 Cr.P.C.

(2.) Heard learned counsel for the appellant through 'Jitsi Meet'. It is contended by the learned counsel for the appellant that from the record, it is established that the victim deceased was not minor on the day of alleged incident in as much as date of birth of her brother Ajay is established as 13.10.1999 as per school record and from the statement of her mother, PW-3 Smt. Sugna and the Investigating Officer Pramod Sharma (PW-10), it is apparent that the victim deceased was elder than Ajay. He submits that the deceased was educated upto Class III and there is no evidence on record to support the averment that she was mentally retarded or of low understanding. He contends that there is no medical evidence on record to substantiate the allegation that she died on account of ravagement by the appellant. Relying upon Exhibit-P- 20, the Forensic Science Laboratory report, he submitted that no incriminating material was recovered from his mobile phone. Lastly, he contends that the appellant is in custody from 18.09.2018, there is no likelihood of the appeal being heard in near future and prays for suspension of sentence.

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