MURARI LAL 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. 31/10/2023 passed by the learned Special Judge, POCSO Act, 2012 and Commissions of Protection of Child Rights Act, 2005 No.2, District Udaipur in Special Sessions Case No.62/2022 whereby he was convicted and sentenced to suffer maximum imprisonment of 20 Years RI under Sec. 6 of POCSO Act along with a fine of Rs.1,00,000.00 and lesser punishment for the other offences under Ss. 363 and 366 of IPC.

(2.) It is contended by the learned counsel for the appellant 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. 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 by learned counsel for the accused- applicant for releasing the appellant on application for suspension of sentence.