GIRDHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Counsel for the appellant submits that in total four accused persons faced trial for the offences punishable under Ss. 366, 368 and 376-D IPC and Sec. 3(2)(v) of the SC/ST Act. Learned Counsel submits that the co-accused Daulat Ram and Bharat have been acquitted from all the charges, but the appellant along-with co-accused Jeetu @ Jitendra were found guilty for the offence punishable under Sec. 376 IPC. Learned Counsel submits that the sentence of the co-accused Jeetu @ Jitendra has already been suspended by the Co-ordinate Bench of this Court vide order dtd. 5/5/2025 and case of the appellant is at par with him, so the same indulgence be granted to the appellant as well. Learned Counsel submits that appellant was on bail during trial as well and since the hearing/disposal of the instant appeal is bound to take its own time, therefore, the sentence awarded to the appellant be suspended till disposal of the appeal.

(2.) Per contra, learned Public Prosecutor as well as Counsel appearing on behalf of the complainant oppose the prayer made by Counsel for the appellant.

(3.) Heard and considered the submissions made at the Bar and perused the material available on record.