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2025 DAILYLAW 2054 (RAJ)

AMICHAND S/O SITARAM v. STATE OF RAJASTHAN

SOSA/1172/2025 · 2026-04-15

Anoop Kumar Dhand

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 3rd Suspension Of Sentence Application (Appeal) No.1172/2025 In S.B. Criminal Appeal No.1898/2022 Amichand S/o Sitaram, R/o Tedpur, Police Station Sadar, District Alwar (Rajasthan). ( Presently Confined In Central Jail Alwar). ----Applicant Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Ms. Shweta Soni For Respondent(s) : Mr. Narendra Singh Dhakar, PP with Mr. Shubham Sain JUSTICE ANOOP KUMAR DHAND Order 15/04/2026 1. The instant third misc. application seeking suspension of sentence has been submitted by the applicant-appellant. 2. Learned counsel appearing on behalf of the applicant- appellant submits that lot of contradictions are there in the evidence of the prosecution witnesses and in the statements of the prosecutrix. She further submits that the age of the prosecutrix is also disputed and looking to the period of custody of the applicant-appellant i.e. 05 and half years, the sentence so awarded to the applicant-appellant by the Trial Court be suspended till final disposal of the appeal. (2 of 2) [SOSA-1172/2025] 3. Per contra, learned Public Prosecutor opposes the prayer and submits that the prosecutrix is a minor girl aged about 15 years and the applicant-appellant is near relative of the prosecutrix. He further submits that each and every submission so made by counsel for the applicant-appellant has been dealt with by this Court when the first suspension of sentence application was rejected on 28.05.2024 and there is no change in the circumstances, hence, the instant third suspension of sentence application is liable to be rejected. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. This Court vide order dated 28.05.2024 has rejected the first suspension of sentence application submitted by the applicant- appellant looking to the allegations levelled against him and looking to the age of the prosecutrix. 6. This Court finds no change in the facts and circumstances of the case to suspend the sentence awarded to the applicant- appellant. 7. Hence, the instant third suspension of sentence application stands rejected. 8. Office is directed to list the appeal for hearing. 9. In case, the appeal is not heard and decided within a period of one and half year, then the applicant-appellant would be at liberty to renew his prayer for suspension of sentence. (ANOOP KUMAR DHAND),J KuD/112