Rajasthan High Court
Gyani @ Gyanchand S/O Shri ... vs State Of Rajasthan on 24 August, 2021
Bench: Sandeep Mehta, Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application
No.1018/2020
In
D.B. Criminal Appeal No.204/2020
Gyani @ Gyanchand Saini S/o Shri Omprakash, Aged About 24
Years, R/o Maliyo Ki Dhani, Surajpura Police Station Virat Nagar,
Jaipur Raj. (Accused is in Jaipur Central Jail)
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. M.K. Kaushik.
For Respondent(s) : Mr. Javed Choudhary, PP.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
24/08/2021
The appellant applicant herein stands convicted and
sentenced as below vide judgment dated 28.07.2020 passed by
the learned Special Judge, POCSO Act 2012, Jaipur District in
Sessions Case No.691/2017 (NCV No.147/2018):
Offences Sentences Fine Fine Default
sentences
Section 363 IPC 3 Years' R.I. Rs.50,000/- 6 Months' R.I.
Section 366 IPC 5 Years' R.I. Rs.50,000/- 6 Months' R.I.
Section 376(2)(N) Life Rs.1,00,000/ 6 Months' R.I.
IPC Imprisonment -
Section 376(2)(I) IPC Life Rs.1,00,000/ 6 Months' R.I.
Imprisonment -
(2 of 4) [SOSA-1018/2020]
Learned Public Prosecutor has filed reply to the application
for suspension of sentences.
We have given our thoughtful consideration to the
submissions advanced at bar and have gone through the
impugned Judgment as well as the record.
On a perusal of the record, it is apparent that the victim Mst.
'G' was examined twice in this case. In her initial statement
recorded as PW-2 on 09.05.2018, she levelled allegation of
kidnapping and rape against the appellant. However, thereafter,
she sent a letter (Ex.D/4) to the appellant in jail and on the basis
thereof, the girl was recalled for giving evidence by virtue or order
dated 16.01.2020 passed by this Court in Criminal Misc. Petition
No.4800/2019. In the subsequent statement recorded on
14.02.2020, the victim categorically stated that she had given the
earlier statement by mistake and that her actual date of birth was
03.06.1999. The victim's father Ramkumar (PW-4), upon being
examined on oath, categorically stated that the correct date of
birth of his daughter, the alleged victim, was 03.06.1999 and that
her date of birth entered in the school record as 10.10.2003 was
wrong and had been entered due to the inadvertent statement of
the victim's grandfather. The victim's grandfather Chhaju was
examined as a defence witness and he stated that while getting
the victim Mst. 'G' admitted in the school, he inadvertently gave
out her date of birth as 10.10.2003.
In view of the above fact, we are of the view that the
appellant has available to him strong grounds so as to assail the
impugned Judgment. He is in custody for the last nearly four
years. Hearing of the appeal is unlikely in the near future.
(3 of 4) [SOSA-1018/2020]
In this view of the matter and, having regard to the facts
and circumstance as available on record, it is considered just and
proper to suspend the sentences awarded to the appellant, during
pendency of the appeal.
Accordingly, the instant application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by the Special Judge, POCSO
Act 2012, Jaipur District, vide judgment dated 28.07.2020 in
Sessions Case No.691/2017 (NCV No.147/2018) against the
appellant-applicant Gyani @ Gyanchand Saini, 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 27.09.2021 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.
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-applicant(s) was/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
(4 of 4) [SOSA-1018/2020]
case the said accused applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(RAMESHWAR VYAS),J (SANDEEP MEHTA),J
TIKAM/RAHUL ARYA/7
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