AAKASH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This suspension of sentence application has been filed by the accuses-applicant along with the appeal.

(2.) Counsel appearing on behalf of the accused applicant submits that the accused applicant has been convicted under Ss. 376(3), 376(2)(n), 506 IPC and Sec. 3r/w 4(2), 5(L) r/w 6, 5(j)(II) r/w 6 of the POCSO Act and sentenced the life imprisonment for the offences under Sec. 3 r/w 4(2) of POCSO Act.

(3.) Counsel submits that the accused applicant has falsely been implicated in this matter. Counsel further submits that initially the applicant was not named in the FIR as well as in the statement recorded before the Magistrate under Sec. 164 of Cr.P.C. He submits that initially the allegation of committing rape with the victim was levelled against one person namely Shahjad. Mother of the victim PW-2 in her cross-examination admitted that she has made compromise with Shahjad, who was named in the FIR as well as in the statement of the victim recorded before the Magistrate under Sec. 164 of Cr.P.C. Counsel further submits that the blood samples/semen of the accused was taken on 8/9/2023. There is no mention in the Malkhana Register as on which date these samples/ semens were deposited in the Malkhana. Counsel submits that there is delay in sending these samples of victim and accused to the FSL of more than two months.