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2025 DAILYLAW 44039 (RAJ)

PANKAJ @ PAPPU S/O JAMNA @ JAGANNATH v. STATE OF RAJASTHAN

SOSA/1637/2025 · 2025-09-03

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:35248] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (SOS) Application No.1637/2025 In S.B. Criminal Appeal (Sb) No. 2227/2025 Pankaj Urf Pappu S/o Jamna @ Jagannath, R/o Mandaniya Thana Kaithun District Kota ----Appellant Versus State Of Rajasthan, Through P.p ----Respondent For Appellant(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 03/09/2025 1. The applicant has been convicted by the learned Special Judge, Protection of Children from Sexual Offences, Act 2012 and Child Right Protection Commission Act, 2005, No.5, Kota vide judgment dated 06.08.2025 in Special Session Case No.17/2023 for the offences under Section 354 IPC and Section 7/8 of POCSO Act and sentenced for three years and three months simple imprisonment respectively with default stipulation. 2. Heard learned counsel for the applicant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 3. Learned counsel appearing for the applicant has submitted that the applicant has falsely been implicated in the present case. There are material discrepancies and contradictions in the prosecution's case, which have not been properly appreciated by [2025:RJ-JP:35248] (2 of 2) [SOSA-1637/2025] the learned trial Court and has arrived at the wrong conclusion by convicting the applicant. During trial, the applicant was on bail and the hearing of the appeal will take considerable time, therefore, no fruitful purpose would be served by keeping the applicant in further custody, hence the suspension of sentence application of the applicant may be allowed. 4. Learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 5. Taking into consideration all the facts and circumstances of the case and the material available on record and considering the period of sentence awarded, the fact that the applicant was on bail during trial and the disposal of this appeal is likely to take considerable time, but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the applicant- Pankaj Urf Pappu S/o Jamna @ Jagannath. 6. It is, therefore, ordered that the sentence of the applicant shall remain suspended till disposal of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each, to the satisfaction of the trial Court to the effect that he shall appear before this Court on 07.10.2025 and as and when called upon to do so. 7. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J Arun/67