HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1153/2022 Subhash S/o Chandiram, Aged About 27 Years, B/c Meghwal, Resident Of Changoi, Tehsil Taranagar, District Churu (Raj.). (Presently Lodged At District Jail, Churu).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Vineet Jain, Senior Advocate assisted by Mr. Rajeev Bishnoi For Respondent(s) : Mr. B.R. Bishnoi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 09/01/2023 Heard learned counsel for the parties on the application for suspension of sentence.
The instant application for suspension of sentence has been preferred by the appellant-applicant, who has been convicted and sentenced by the learned Sessions Judge, Sirohi, vide judgment dated 06.03.2020 passed by learned Special Judge, POCSO Act Cases, Churu in Sessions Case No.36/2018 (158/2017), whereby the appellant-applicant has been sentenced as under:- Offence U/s Sentence Fine Sentence in default of payment of fine 363 I.P.C. 7 years R.I. 25,000/- 2 months' R.I. 366 I.P.C. 10 years' RI 25,000/- 2 months' R.I. 5/6 POCSO Life imprisonment 50,000/- 6 months' R.I.
Act
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Learned counsel for the appellant-applicant has submitted that the trial court though has more or less come to the conclusion that the victim eloped with the appellant-applicant on her own free will, but the only fact on which, the opinion of the trial court was against the appellant, is that the victim was minor at the time of incident. Learned counsel for the appellant-applicant has further submitted that the trial court has placed reliance on the secondary school certificate pertaining to the victim, wherein her date of birth is mentioned as 17.08.2008, however, it is to be noted that the victim was admitted in different schools since her birth and at the time of recording her date of birth for the first time, no proof regarding the same was furnished. It is also submitted that initially the victim at any stage, has not levelled allegation of assault against the appellant, but later on after around 6 days, under the pressure of family members, has levelled the said allegations. Learned counsel for the appellant-applicant has also submitted that the appellant-applicant is in custody from the last more than six years and the appeal filed by him is not likely to be heard in near future.
Learned Public Prosecutor has opposed the application for suspension of sentence.
Having heard learned counsel for the parties and after scrutinizing the record and looking to the custody period of the appellant, we consider it just and proper to suspend the substantive sentence awarded to the accused appellant.
Accordingly, D.B. Suspension of Sentence (Appeal) No.1153/2022 filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned (Downloaded on 09/01/2023 at 11:22:12 PM) (3 of 4) [SOSA-1153/2022] Special Judge, POCSO Act Cases, Churu vide judgment dated 06.03.2020 in Sessions Case No.36/2018 against appellant Subhash S/o Chandiram shall remain suspended till final disposal of the aforesaid appeal, 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 13.02.2023 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 appellant 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, 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-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- appellant 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-appellant does not appear before the trial court, the (Downloaded on 09/01/2023 at 11:22:12 PM) (4 of 4) [SOSA-1153/2022] learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J 41-Babulal/-
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