HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Suspension of Sentence Application
No. 1354/2021
In
S.B. Criminal Appeal No. 2150/2021
Banwari Son Of Shambhu Lal, Resident Of Bhanwariya Kuwa,
Police Station Talera, District Bundi (Raj) (At Present In District
Jail Bundi)
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. N.K. Sharma
For Respondent(s) : Mr. Rajendra Yadav, GA-cum-AAG
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/01/2023
Heard learned counsel for the accused appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 16.12.2021 passed by learned District Judge, Special Court, POSCO Act, 2012 whereby the accused appellant has been convicted for the offence punishable under sections 376D IPC and has been sentenced to maximum twenty years rigorous imprisonment along with fine of Rs.50,000/- as well as for the offence punishable under Section 366, and 376(DA) of IPC.
Learned counsel for the appellant submits that prosecutrix, PW-3-'M' as well as her parents have not supported the story of the prosecution and turned hostile. There is no ocular or documentary evidence for which it can be said that the same is (Downloaded on 09/01/2023 at 11:36:09 PM) (2 of 3) [SOSA-1354/2021] sufficient to bring on the guilt of the accused appellant. The learned trial Court has acquitted the co-accused person Sonu from all accusations. The appellant has also been acquitted from the charge of offence under Section 376 DA however convicted for charge under Section 376 D but no sufficient material is there to prove the case beyond reasonable doubt.
Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-appellant.
The appellant was on bail during trial and at present he is confined in jail and has never misused the liberty granted to him and the hearing of appeal is likely to take further more time, therefore, considering the overall submissions and looking to the totality of facts and circumstances of the case 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 sentences passed by the learned District Judge, Special Court, POSCO Act, 2012, vide judgment dated 16.12.2021 in Sessions Case No.41/2020 against the appellant-applicant Banwari Son Of Shambhu Lal 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 03.02.2023 and (Downloaded on 09/01/2023 at 11:36:09 PM) (3 of 3) [SOSA-1354/2021] 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- applicants 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 case the said accused applicants 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 PREETI VALECHA /09 (Downloaded on 09/01/2023 at 11:36:09 PM) Powered by TCPDF (www.tcpdf.org)