HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application
No.1018/2020
In
D.B. Criminal Appeal No.204/2020
Gyani @ Gyanchand Saini S/o Shri Omprakash, Aged About 24
Years, R/o Maliyo Ki Dhani, Surajpura Police Station Virat Nagar,
Jaipur Raj. (Accused is in Jaipur Central Jail)
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. M.K. Kaushik.
For Respondent(s) : Mr. Javed Choudhary, PP.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
24/08/2021
The appellant applicant herein stands convicted and
sentenced as below vide judgment dated 28.07.2020 passed by the learned Special Judge, POCSO Act 2012, Jaipur District in Sessions Case No.691/2017 (NCV No.147/2018):
Offences Sentences Fine Fine Default
sentences
Section 363 IPC 3 Years' R.I. Rs.50,000/- 6 Months' R.I.
Section 366 IPC 5 Years' R.I. Rs.50,000/- 6 Months' R.I.
Section 376(2)(N) Life Rs.1,00,000/ 6 Months' R.I.
IPC Imprisonment -
Section 376(2)(I) IPC Life Rs.1,00,000/ 6 Months' R.I.
Imprisonment -
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(2 of 4) [SOSA-1018/2020]
Learned Public Prosecutor has filed reply to the application for suspension of sentences.
We have given our thoughtful consideration to the submissions advanced at bar and have gone through the impugned Judgment as well as the record.
On a perusal of the record, it is apparent that the victim Mst. 'G' was examined twice in this case. In her initial statement recorded as PW-2 on 09.05.2018, she levelled allegation of kidnapping and rape against the appellant. However, thereafter, she sent a letter (Ex.D/4) to the appellant in jail and on the basis thereof, the girl was recalled for giving evidence by virtue or order dated 16.01.2020 passed by this Court in Criminal Misc. Petition No.4800/2019. In the subsequent statement recorded on 14.02.2020, the victim categorically stated that she had given the earlier statement by mistake and that her actual date of birth was 03.06.1999. The victim's father Ramkumar (PW-4), upon being examined on oath, categorically stated that the correct date of birth of his daughter, the alleged victim, was 03.06.1999 and that her date of birth entered in the school record as 10.10.2003 was wrong and had been entered due to the inadvertent statement of the victim's grandfather. The victim's grandfather Chhaju was examined as a defence witness and he stated that while getting the victim Mst. 'G' admitted in the school, he inadvertently gave out her date of birth as 10.10.2003.
In view of the above fact, we are of the view that the appellant has available to him strong grounds so as to assail the impugned Judgment. He is in custody for the last nearly four years. Hearing of the appeal is unlikely in the near future. (Downloaded on 24/08/2021 at 09:45:10 PM)
(3 of 4) [SOSA-1018/2020] In this view of the matter and, having regard to the facts and circumstance as available on record, it is considered just and proper to suspend the sentences awarded to the appellant, during pendency of the appeal.
Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the Special Judge, POCSO Act 2012, Jaipur District, vide judgment dated 28.07.2020 in Sessions Case No.691/2017 (NCV No.147/2018) against the appellant-applicant Gyani @ Gyanchand Saini, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 27.09.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In (Downloaded on 24/08/2021 at 09:45:10 PM) (4 of 4) [SOSA-1018/2020] case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(RAMESHWAR VYAS),J (SANDEEP MEHTA),J
TIKAM/RAHUL ARYA/7
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