Rajasthan High Court
Pawan Kumar Saini Son Of Late Shri ... vs State Of Rajasthan on 15 December, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.834/2021
In
S.B. Criminal Appeal No. 1405/2021
Pawan Kumar Saini Son Of Late Shri Amar Chand Saini, Resident
Of Charan Singh Colony, Bijli Ghar Ke Pass, Police Station
Laxmangarh, District Alwar (Rajasthan)
(Accused Appellant Is Confined In District Jail, Alwar)
----Accused/Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Girish Khandelwal
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
15/12/2021
Heard on application for suspension of sentence.
The appellant has filed the appeal along with application for
suspension of sentence.
This appeal has been preferred against the judgment and
order of conviction dated 02.09.2021 passed by the Court of
Special Judge, Protection of Children from Sexual Offences Act
2012, No.2, Alwar in Sessions Case No.05/2019, by which the
appellant has been convicted under Sections 323, 344, 363, 366A,
376(2)(N), 376(3) of IPC and Section 5(L)/6 of the POCSO Act
(2 of 3)
and sentenced to maximum term of ten years.
It has been submitted by learned counsel for the appellant
that the appellant has been falsely implicated in the case. The
prosecutrix has been examined as P.W.3. Her statement does not
inspire confidence as it suffers from contradictions and infirmities.
The prosecutrix went with the appellant with her own free will and
she lived with him from 22.02.2018 to 05.07.2018. FIR has been
lodged after a delay of almost five months. The alleged incident is
of 22.02.2018, while the FIR (Ex.P.3) has been lodged on
07.07.2018. There is no reasonable cause for such delay. No
missing person report (MPR) was lodged between the date of
incident and the date of lodging the FIR. The prosecutrix has
admitted in her statement during cross-examination that she was
married to one-Karan Singh in the year 2016. There was dispute
between the prosecutrix and her husband, due to this a criminal
case of dowry was lodged against the husband and other in-laws.
In that criminal case, age of the prosecutrix has been mentioned
as nineteen years as per Ex.D.1. Similarly, a petition under
Section 13B of the Hindu Marriage Act was filed in the concerned
court for mutual divorce which was decreed in favour of the
parties. In that application, age of the prosecutrix was mentioned
as nineteen years. The prosecutrix in her cross-examination
admitted that she lived with the appellant for about five months
and during that period, she was also in public places where she
could have raised protest or alarm but no such act was done. As
per certificate under Rule 311(3) of the Rajasthan High Court
(3 of 3)
Rules, the appellant was on bail during trial. Hearing of appeal
may take long time.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Heard learned counsel for the parties and scanned the
evidence available on record carefully.
Taking into consideration the submissions of learned counsel
for the appellant, overall facts and circumstances of the case but
without commenting upon detailed merits of the case, this Court
deems just and proper to allow the application for suspension of
sentence.
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence awarded to accused-
appellant Pawan Kumar Saini S/o Late Shri Amar Chand
Saini shall remain suspended till disposal of this criminal appeal
and he be released on bail, provided the appellant furnishes a
personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-
each to the satisfaction of the learned trial court for his
appearance in this Court on 17 th January, 2022 and as and when
called upon to do so.
(MANOJ KUMAR VYAS),J
Hemant/62
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