ARIF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard on application for suspension of sentence. The appellant has filed the appeal along with application for suspension of sentence.

(2.) This appeal has been preferred against the judgment of conviction and sentence dtd. 4/3/2020 passed by the Court of Special Judge, Protection of Children from Sexual Offence Act 2012 No.3, Jaipur Metropolitan, Jaipur in Sessions Case No.44/2019(27/2018) CIS No.30/2019, by which the appellant has been convicted under Sections 3/4 of the POCSO Act and sentenced to maximum term of seven years.

(3.) It has been submitted on behalf of the appellant that the appellant has been falsely implicated in the case. The prosecutrix was major on the date of alleged incident. The appellant was on bail during trial and now, he is in judicial custody since the date of judgment of the trial court. He has been sentenced to a maximum term of seven years of imprisonment, out of which he has suffered almost three years of sentence. Statements of the prosecutrix are not reliable. She on her own free will, accompanied the appellant to different places. She also represented herself as wife of the appellant. Her statements are contradictory. No conviction can be based upon that evidence. There is no other reliable evidence against the appellant. Decision of appeal may take considerable time.