SUNIL YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence is preferred by the appellant-applicant accused Sunil Yadav Son of Late Moorat Yadav (hereinafter referred to 'the appellant') in pending appeal aggrived from order of conviction and sentence dtd. 29/3/2025 in Sessions Case No. 73/2024 passed by learned Special Judge, POCSO Act Cases, No. 2, Ajmer. whereby the appellant was convicted for offence under Sec. 354A of IPC and Ss. 7/8 and 9(M)/10 of POCSO Act. The maximun sentence awarded to the appellant is five years.

(2.) Learned Counsel for the appellant submits that the appellant is an innocent person and he was falsely implicated by the complainant due to service related animosity. He further submitted that the alleged incident is of 21/4/2023 but report was registered after a delay of two days i.e. on 23/4/2023 and no sufficient explanation was given by the complainant about delay. He further submitted that the age of victim was not determined in accordance with law. He further referred the statements of parents of victim and submitted that the Trial Court has ignored the discrepancies in the statement of PW-2 victim and submitted that she is a tutored witness and she has deposed only on advice of police or her parents. He submitted that the deposition of victim is not a free deposition rather it is under the influence of others. He also submitted that both the complainant and appellant are working in Army and under the Army Rules the matter is required to be tried by the Army Court. He submitted that the entire process adopted in the case is contrary to the rules and procedure. At last, he submitted that the appellant accused was on bail during trial and disposal of appeal will take its own time.

(3.) Aforesaid contentions were opposed by learned Public Prosecutor. He submits that the complainant has been informed. He has also submitted report of PS Nasirabad Sadar alongwith custody certificate and same are taken on record.