HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No. 53/2023
In
S.B. Criminal Appeal (Sb) No. 48/2023
Vikas Dadhich @ Golu Son Of Shri Nand Kishor, Aged About 24
Years, R/o Village Chhipada P.s. Digod Kota Rural (At Present
Confined At Central Jail Kota)
----Appellant
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. A.K. Khan
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/01/2023
Heard learned counsel for the accused appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 22.12.2022 passed by learned Special Judge, POCSO Act No.3, Kota whereby the accused appellants have been convicted for the offence punishable under sections 341 and 323 IPC, 7/8 and 11/12 of POCSO Act and has been sentenced to maximum five years rigorous imprisonment along with fine of Rs. 5,000/- and in default of payment of fine, he shall further undergo on month RI.
Learned counsel for the accused-appellant submits that the dispute arose in between the parties in a spur of moment on account of some trivial issue but owing to inimical relationship, a new story has been cooked up and the FIR got lodged but with exaggerated version of the incident. Yet there is no allegation that (Downloaded on 17/01/2023 at 11:40:18 PM) (2 of 3) [CRLAS-53/2023] the appellant was having any criminal intent to outrage the modesty of the victim. It was a simple scuffle in between the parties which has been given a color of sexual offence. The appellant was on bail during the course of trial and never misused the liberty granted in his favor. He kept himself available on every date and even on the date of sentence and conviction. he assures that he shall be abided by any condition imposed upon him by this Court if bail is granted to him. Being the first appellate court, this Court is required to make a de novo re-appreciation of evidence as pertained by Hon'ble the Supreme Court in the cases of the State of Gujarat versus Bhalchandra Laxmishankar Dave AIR 2021 SC 718.
Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-appellant.
The accused-appellant is behind the bars 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 Special Judge, POCSO Act No.3, Kota, vide judgment dated 22.12.2022 in Sessions Case No. 20/2021 against the appellant-applicant Vikas Dadhich @ Golu Son Of Shri Nand Kishor shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail provided (Downloaded on 17/01/2023 at 11:40:18 PM) (3 of 3) [CRLAS-53/2023] 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/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.
(FARJAND ALI),J PREETI VALECHA /74 (Downloaded on 17/01/2023 at 11:40:18 PM) Powered by TCPDF (www.tcpdf.org)