BACHCHU SINGH @ KAMLESH Vs. STATE OF RAJASTHAN THROUGH P.P.
LAWS(RAJ)-2018-1-351
HIGH COURT OF RAJASTHAN
Decided on January 04,2018

Bachchu Singh @ Kamlesh Appellant
VERSUS
State of Rajasthan through P.P. Respondents

JUDGEMENT

KANWALJIT SINGH AHLUWALIA,J. - (1.) The appellant Bachchu Singh @ Kamlesh, was tried by the court of Sessions Judge, Dausa in Sessions Trial No. 141/2014. The said court vide impugned judgment dated 10.7.2015 convicted the appellant for offences under Sections 363, 366A IPC and Section 11 read with section 12 of Protection of Children from Sexual Offences Act, 2012. The said court having convicted the appellant for above said offences, vide a separate order of even date sentenced the appellant as under:- U/s. 363 IPCto undergo four years SI and to pay a fine of Rs. 500/-, in default thereof to undergo additional one month SI. U/s. 366(A) IPCto undergo five years SI and to pay a fine of Rs. 500/-, in default thereof to undergo additional one month SI. U/s. 11 r/w Section 12 of POCSO Actto undergo two years SI and to pay a fine of Rs. 5000/-, in default thereof to undergo additional six months SI.
(2.) Aggrieved against his conviction and sentence, the appellant has preferred the present appeal.
(3.) A co-ordinate Bench vide S.B. Cr. Misc. (Suspension of Sentence) Application No. 188/2017 in S.B. Cr. Appeal No. 295/2017, on 10.5.2017, suspended the sentence of the appellant by passing the following order:- "Heard learned counsel for the parties. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal and more particularly looking to the period of sentence already served by the applicant and the fact that the decision of the appeal is likely to take time, but without expressing any final opinion on the merit and demerit of the case, I am inclined to suspend the sentence awarded to him during the pendency of the appeal. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicant Bachchu Singh @ Kamlesh S/o Shri Sugna Ram in Sessions Case No. 141/2014 shall remain suspended on furnishing a personal bond of Rs. 50,000/- and two sureties bond of Rs. 25,000/- each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court on 03.07.2017 and as and when called upon to do so. ";


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