JITENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for suspension of sentence has been filed by the accused-appellant for suspending his sentence awarded by the court below.

(2.) Counsel for the accused-appellant submits that according to the statement of the prosecutrix Ms. 'M', she resided with the accused-appellant for about one and half months. Counsel further submits that the admission form of the prosecutrix does not bear any seal of the school and the scholars register also does not bear any signatures or endorsement of the District Education Officer to verify the age of the prosecutrix. It is further submitted that the prosecutrix went before the court with her own free will and she gave an affidavit to the effect that she is living with the accused appellant happily. Counsel further submits that a conclusion was drawn by the court below in its judgment that customary (Nata) marriage was solemnized between the accused-appellant and the prosecutrix and the accused-appellant was on bail during the trial. In such circumstances, the sentence of the accused-appellant may be suspended and he may be released on bail.

(3.) Per contra, learned Public Prosecutor submits that the prosecutrix is a minor aged about 16 years. The witness Suresh Chandra, who was Principal of the Government School, was examined before the court below as PW-14 and he produced two documents in evidence i.e. Scholars Register as Ex-P/21(A) and Admission Form as Ex-P/22(A) in which the age of the prosecutrix was specifically mentioned as 8/6/1999. The said documents clearly show that the prosecutrix was minor at the time of incident. In such circumstance, it is prayed that the sentence of the accused-appellant may not be suspended.