HARSHPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application has been filed on behalf of the appellant under Sec. 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking suspension of sentence awarded to him by the learned trial court vide judgment dtd. 27/3/2026 passed in Sessions Case No. 80/2025, whereby the appellant has been convicted for offences under Ss. 126(2), 74, 75(2), 78(2) and 351(2) of the Bharatiya Nyaya Sanhita as well as Ss. 7/8 and 11/12 of the Protection of Children from Sexual Offences Act, 2012, and has been sentenced accordingly, the maximum sentence being five years' rigorous imprisonment along with fine.

(2.) Learned counsel for the appellant submits that the trial court failed to properly appreciate the legal and factual aspects, resulting in an erroneous finding of guilt. Being the first appellate court, this Court may reappraise the evidence. It is further submitted that the appeal will take time for disposal, the sentence deserves to be suspended.

(3.) Learned Public Prosecutor has opposed the prayer for suspension of sentence. Despite service of notice, no one is present on behalf of the victim.