HUKAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Admit. Heard learned counsel for the parties on application for Suspension of Sentence No.241/2024. Learned counsel for the appellant submits that according to the statement of victim (PW.2), during cross-examination she clearly mentioned that the appellant did not commit rape with her and no such occurrence took place. The appellant was on bail during the trial and hearing of the appeal will take sufficiently long time, therefore, the sentence of the appellant may kindly be suspended. Learned Public Prosecutor opposed the prayer made by the counsel for the appellant.

(2.) Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellant. Accordingly, the application for suspension of sentence filed under Sec. 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Special Judge, POCSO Act Cases, No.2, Merta vide judgment dtd. 2/2/2024 in Sessions Case No.47/2020 against the appellant-applicant ' Hukam Singh S/o Hari Singh shall be suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit 50% of the fine amount as imposed by the learned trial Court and he will be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000.00 with two sureties of Rs.50,000.00 each to the satisfaction of the learned trial Judge for his appearance in this court on 2/7/2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

(3.) Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.