RAMESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentences under Sec. 389 Cr.P.C. has been preferred by appellant-applicant Rameshwar @ Dinesh @ Ramesh S/o Shri Mohan Lal who has been convicted and sentenced as below vide judgment dtd. 6/11/2017 passed by Special Judge, POCSO Act Cases, District Bhilwara in Sessions Case No. 56/2017:

(2.) Learned Public Prosecutor has filed reply to the application for suspension of sentences.

(3.) Learned counsel Shri Charan representing the appellant submitted that the conviction of the appellant for the offences under the SC/ST (Prevention of Atrocities) Act and the sentence of life imprisonment awarded to him on this count is illegal because prosecution has not come out with the case that the appellant committed the crime with the victim Mst. 'M' for the reason that she belonged to the Scheduled Caste community. He submitted that the amendment in the SC/ST Act whereby, the offence committed even without knowledge or intention that the victim belongs to such community has been made punishable was introduced w.e.f. 1/1/2016 whereas the offence was committed on 4/6/2015 and thus, conviction of the appellant as recorded by the trial court for the offence under Sec. 3(1)(xii) read with Sec. 3(2)(v) is totally unjustified. He further submitted that the prosecution has failed to lead proper evidence to prove the age of the victim. She stayed with the accused for almost two and half months without making any protest whatsoever and thus, the relations between the accused and the victim were purely consensual in nature. He contended that the accused is in custody from 22/8/2015. Hearing of the appeal is likely to consume time. With these submissions, learned counsel Shri Charan implored the Court to accept the instant application for suspension of sentences and direct enlargement of the appellant on bail during pendency of the appeal.