SOURABH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of execution of sentence. Perused the material available on record.

(2.) The applicant-appellant herein has been convicted for offence under Ss. 363, 366 of IPC and Sec. 5/6 of POCSO Act vide judgment dtd. 24/4/2023 passed by learned Special Judge, Protection of Children from Sexual Offences Act and Child Right Protection Commission 2005, No. 3, Jaipur Metropolitan First (Raj.) in Sessions Case No. 02/2022 (CIS No. 03/2022) and has been sentenced to maximum punishment of twenty years.

(3.) Learned Counsel for the applicant submits that learned Trial Court has erred in convicting and sentencing the applicant as mentioned above. Learned Trial Court has not appreciated the evidence in right and correct perspective. Learned Counsel further submits that it appears from the record that the appellant and prosecutrix entered into marriage and thereafter, they remained under the same roof for about 6 months. Learned Counsel further submits that according to the prosecution case, at the time of alleged incident, prosecutrix was aged about 16 years and 8 months and the prosecutrix always presented herself to be major and she never disclosed her actual age to the appellant and entered into wedlock with the appellant through Arya Samaj rituals. Learned Counsel further submits that at the time of alleged incident, appellant was a young boy aged about 23 years and till date, the appellant has already served incarceration of about 3 years including remission. Learned Counsel further submits that there is no immediate prospect of hearing and disposal of the appeal in near future.