Vinod Son Of Shri Durga Lal Kachhi vs The State Of Rajasthan
2021 Latest Caselaw 7507 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence Appl. No. 550/2021

                                        IN

                  S.B. Criminal Appeal No. 753/2021

        Vinod Son Of Shri Durga Lal Kachhi, Aged About 30 Years,
        Resident Of Village Anwa, Tehsil And Police Station
        Kanwas, District Kota (Raj)


                                                                   ----Appellants
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s)          :     Mr. Nitin Kumar Sharma
For Respondent(s)         :     Mr. Riyasat Ali, PP



              HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

10/12/2021

The instant application for suspension of sentence has been

preferred on behalf of the accused-appellant Vinod, who has been

found guilty of committing offence under Section 343, 363, 366

and 376 of IPC and Section 5(1)/6 of POCSO Act vide judgment of

conviction and order of sentence dated 07.11.2021.

Bereft elaborated details, the brief facts necessary for the

disposal of the instant application for suspension of sentence are

as that the accused appellant committed rape upon the

prosecutrix on 16.11.2012 for which an FIR was lodged. After

usual investigation, the accused-appellant was arrested and

charge-sheeted for the offence mentioned above.

(2 of 3) [SOSA-550/2021]

After framing of charges, the accused appellant was tried for

the said offences and ultimately convicted by learned trial court.

The maximum sentence awarded under Section 5(1)/6 of POCSO

Act is of 10 years simple imprisonment with a fine of Rs. 10,000/-

with default clause. Other punishments are lesser. Counsel

further submits that the accused-appellant is languishing in jail

since last 9 years and as such he has served 90% part of the

awarded sentence but there appears no possibility of his appeal

being heard on merits. However, counsel submits that looking to

the statistics/pendency of the work there is no likelihood of the

appeal being heard and decided. It is prayed that application for

suspension of sentence may be allowed on account of his long

incarceration.

Learned Public Prosecutor have vehemently opposed the

prayer regarding suspension of sentence.

Looking to the totality, facts and circumstances of the case,

and the fact verified from the custody certificate issued by the

Superintendent of Jail, Kota that the accused-appellant has served

around 9 years of sentence out of the total sentence of 10 years is

awarded to him by learned trial court, I deem it just and proper to

suspend the sentence awarded to the accused-appellants.

Accordingly, the bail application for suspension of sentence is

allowed and it is ordered that the sentence passed by learned

Special Judge, POCSO Act, and Child Rights Commission Act,

2005, No. 1, Kota in Special Sessions Case No. 99/2021 vide

judgment dated 07.04.2021 against the accused-appellant-Vinod

S/o Shri Durga Lal Kachii, shall remain suspended till final disposal

of present appeal and it is directed that the accused-appellant

shall be released on bail provided they execute a personal bond in

(3 of 3) [SOSA-550/2021]

the sum of Rs. 25,000/- (Twenty Five Thousand) along with one

surety in the like amount each to the satisfaction of the trial court

for his appearance in this court on 28.01.2022 and as and when

called upon to do so.

(FARJAND ALI),J

Pooja /67

Powered by TCPDF (www.tcpdf.org)