ROOPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been convicted and sentenced as below vide Judgment dtd. 31.07.2021 passed by Additional Sessions Judge, Pali in Sessions Case No.175/2015 (C.I.S. No. 71/2015) :-

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor and perused impugned judgment and original record of the case.

(3.) Learned counsel for the petitioner submits that false allegation of rape has been levelled by the prosecutrix against the petitioner. There are material contradictions in the statement of the prosecutrix from the F.I.R. as well as statement under Sec. 164 Cr.P.C. He further submits that previously, the prosecutrix had lodged the F.I.R. against some others alleging rape with her, in which she was declared hostile and the accused were acquitted of the charges under Sections 147, 323, 323/149 and 376 I.P.C. vide Judgment dtd. 26.06.2006 passed by the Additional Sessions Judge (Fast Track) No. 1, Jodhpur in Sessions Case No. 61/2006 (State of Rajasthan v. Ukaram and ors.), a copy of which is on record and exhibited as Ex.D/5 during trial. He further submits that the petitioner was on bail during trial. The petitioner has available to him strong grounds to assail judgment of conviction passed by the trial court. The hearing of appeal will take long time. In the above circumstances, learned counsel prays to allow this application for suspension of sentences.