DEEPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dtd. 21/2/2022 passed by the learned Special Judge, Protection of Children From Sexual Offences Act, 2012 and Commissions for Protection of Child Rights Act, 2005, Court No.2, Sriganganagar in Sessions Case No.106/2021 (C.I.S. No.84/2018) whereby he was convicted and sentenced to suffer maximum imprisonment of twenty years rigorous imprisonment along with a fine of Rs.25,000.00 under Sec. 376D of IPC read with 5(G)/6 of POCSO Act, 2012 and lesser punishmentS for the other offences under Ss. 363 and 366 of IPC.

(2.) It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. He was on bail during trial and did not misuse the liberty so granted to him; hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

(3.) Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the appellant on application for suspension of sentence.