[2023/RJJP/002310]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
112/2023
in
S.B. Criminal Appeal No. 849/2021
Dayaram S/o Gayarsi Ram, Aged About 35 Years, R/o Bhonra
Police Station Simliya, District Kota (Raj) (At Present Confined In
Central Jail Kota)
----Appellant
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. Govind Prasad Rawat
For Respondent(s) : Mr. B.L. Nasuna, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/02/2023
Heard learned counsel for the accused-appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 15.02.2021 passed by Special Judge, POCSO Act No.3, Kota in Sessions Case No. 41/2018 (CIS No.425/2018) whereby the accused-appellant has been convicted for the offence punishable under Section 376(2)(i)
(n) IPC and has been sentenced with maximum of fourteen years rigorous imprisonment along with fine of Rs. 25,000/-.
Learned counsel for the accused-appellant submits that in initial allegations as many as 4 accused persons were implicated for the alleged crime. The name of accused Raju @ Rajendra was not named in the statement recorded during investigation and (Downloaded on 14/02/2023 at 10:43:53 PM) [2023/RJJP/002310] (2 of 3) [CRLAS-849/2021] there was no mention regarding his involvement in alleged act of rape but after improving materially, when the victim was examined in the trial as PW/3, she made allegation of committing rape upon her against accused Raju @ Rajendra also along with the present appellant. In this view of the matter, learned counsel submits that the deviations and discrepancies as well as infirmities appearing in the statement of the prosecutrix make her an unreliable witness and therefore, it would won't be safe to convict the accused appellant on the basis of such tainted evidence. He has a strong arguable case in his favour but hearing of the appeal may take long time to conclude. Therefore, the application for suspension of sentence may be granted.
Learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the accused-appellant for releasing the appellant on bail.
Considering the overall submissions of the parties and looking to the totality of facts and circumstances of the case more particularly the fact that the sentence of the co-accused Raju @ Rajendra has been suspended while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Special Judge, POCSO Act No.3, Kota vide judgment dated 15.02.2021 in Sessions Case No.41/2018 (CIS No.425/2018) against the appellant-applicant- (Downloaded on 14/02/2023 at 10:43:53 PM)
[2023/RJJP/002310] (3 of 3) [CRLAS-849/2021] Dayaram S/o Gayarsi Ram 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 13.03.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant changes the place of residence, he will give in writing his 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 in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant was 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 case, the said accused-applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(FARJAND ALI),J Pcg/61 (Downloaded on 14/02/2023 at 10:43:53 PM) Powered by TCPDF (www.tcpdf.org)