SATPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Matter comes up on an application seeking stay of the judgment of conviction dtd. 25/6/2019 passed against the accused-appellant.

(2.) It is contended by counsel for the appellant that an application for suspension of sentence was allowed by the Court on 19/8/2019. However, now on the basis of the conviction, State has passed the order dtd. 18/2/2021, dismissing the appellant from the service. It is also contended that the appellant married the complainant on 2/11/2006 and a child was born out of the wed-lock in the year 2008. The Court below has convicted the appellant for offence under Sec. 498-A I.P.C. as well as for offence under Sec. 376 I.P.C. It is argued that if the conviction is for offence under Sec. 498-A of I.P.C., conviction under Sec. 376 I.P.C. cannot be sustained and vice-versa.

(3.) Counsel for the appellant placed reliance on "Jagdish Prasad vs. State of Rajasthan" 2013 SCC Online Raj 450., "Mahmood Khan vs. State of Rajasthan" (S.B. Criminal Misc. Stay Application No.6932/2017 in S.B. Criminal Appeal No.62/2009), "Rama Narang vs. Ramesh Narang & Ors." (1995) 2 SCC 513, "Avinash vs. State of Rajasthan" (S.B. Criminal Misc. Stay Application No.3138/2020 in S.B. Criminal Appeal No.2326/2019), "Subhash Kholiya vs. State of Rajasthan" (S.B. Criminal Misc. Stay Application No.1602/2017 in S.B. Criminal Appeal No.317/2017), ""Bhavya Raj & Ors. vs. State of Rajasthan" (S.B. Criminal Misc. Stay Application No.4681/2018 in S.B. Criminal Appeal No.1508/2016) and "Om Prakash vs. State of Rajasthan (S.B. Criminal Misc. Stay Application No.381/2017 in S.B. Criminal Appeal No.1276/2016).