VISHNU BAIRWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence is preferred by appellant-Vishnu Bairwa Son of Shri Kajodmal Bairwa in pending appeal filed aggrieved from order of conviction and sentence dtd. 1/6/2024 In Sessions Case No. 21/2024 passed by learned Special Judge (POCSO Act Cases) No. 3, Jaipur Metro-I whereby appellant was convicted for offence under Ss. 363, 366, 376 I.P.C. and 3/4 of POCSO Act and sentenced accordingly.

(2.) Learned Counsel for the appellant while relying upon grounds of appeal submitted that appellant is an innocent person and he was falsely implicated only on basis of suspicion. He further submitted that as per prosecution, age of victim is between 16-18 years whereas the age of appellant is 20 years. He further submitted that family of victim and appellant were residing in neighbourhood and there Is hardly 50-60 feet distance between their houses. He further submitted that the admission on record Indicated that appellant and victim were known to each other. He further submitted that as per prosecution victim was forcibly dragged to house of accused but she has not made any hue and cry. He further submitted that just after the incident, report was registered by father of victim and soon after report, victim was medically examined by PW- 10 Dr. Anju Arora. He referred the report and submitted that no injuries were found on genital of victim. He further submitted that even samples were collected and deposited in FSL but report of FSL/DNA was not filed on record by prosecution to assist the system of justice. He further referred the cross- examination of victim PW-1 and submitted that the admission indicated that no force was used by appellant. He further referred cross-examination of PW-2 Father of victim and submitted that victim has not sustained any injury. He also referred the cross-examination of witnesses and submitted that appellant was on bail during trial and he never misused the liberty granted to him. He also referred the statement of PW-4 Rekha Choudhary and submitted that just after the Incident no injuries were found on persona of victim by her.

(3.) Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate along with report received from concerned police station and intimation slip and same are taken on record.