Golu Mehra S/O Babu Lal vs State Of Rajasthan
2021 Latest Caselaw 3826 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
     S.B. Criminal Misc. Suspension of Sentence Application
                              No.537/2021
                                       IN

               S.B. Criminal Appeal No. 882/2021

Golu Mehra S/o Babu Lal, R/o Vijaypur Sadar Baran District
Baran (Rajasthan) (At Present Accused Appellant Is Confined In
Central Jail Kota)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Appellant(s) : Mr. R P Vijay with Mr. Sunil Vijay For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

17/08/2021

1. Heard on application for suspension of sentence.

2. It is contended by counsel for the appellant that the incident

took place on 02.03.2019. The girl was recovered on the same

day. She has stated that she called the appellant and she went to

Baran in a bus and the appellant gave her Rs.200/- for fare. It is

also contended that in the statement recorded under Section 164

Cr.P.C., victim has specifically stated that appellant has never done

any wrong act with her. It is further contended that after recording

of statement under Section 164 Cr.P.C., additional statement of

the victim was recorded, in which allegation with regard to rape on

earlier occasion was levelled. It is also contended that victim after

she was recovered, was kept in Nari Niketan. As per the statement

(2 of 2) [SOSA-537/2021]

of the victim, for the first time she disclosed about commission of

rape to the caretaker of Nari Niketan, however, police has neither

recorded the statement of caretaker nor has produced any

evidence with regard to commission of the offence of rape that is

said to have taken place two to three months prior to the present

case.

3. Learned Public Prosecutor has opposed the application for

suspension of sentence.

4. I have considered the contentions.

5. Taking note of the fact that there was no allegation of rape or

any wrong act in the statement recorded under Section 164

Cr.P.C., appellant has remained in custody for a period of two

years and six months, victim herself has stated that for the first

time she disclosed the commission of rape to the caretaker of Nari

Niketan, who has not been made a witness, I deem it proper to

allow the application for suspension of sentence.

6. Accordingly, the application for suspension of sentence is

allowed. It is ordered that the sentence awarded to accused-

applicant in Sessions Case No.08/2019 (C.I.S. No.97/2019) shall

remain suspended if the appellant furnishes a personal bond of

Rs.1,00,000/- (Rupees One Lac only) together with two sureties in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the learned trial Court to the effect that he shall

appear before this Court as and when called upon to do so.

(PANKAJ BHANDARI),J ARTI SHARMA /20

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