Jeet Mal @ Jija vs State Of Rajasthan
2021 Latest Caselaw 11223 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 35/2021

Jeet Mal @ Jija S/o Marta Rot Meena, Aged About 18 Years, R/o Khaprada Phala Upla Police Thana Kotwali District Dungarpur. (At Present Lodged In Child Observation Home, Rajsamand).

----Petitioner Versus State Of Rajasthan, Through P.p.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Jitendra Ojha
For Respondent(s)        :     Mr. R.R. Chhaparwal, P.P.



           HON'BLE MR. JUSTICE SANDEEP MEHTA
         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                    Order

20/07/2021

     Heard.

Learned counsel for the appellant submits that the appellant

was a juvenile and he has been sentenced to life imprisonment for

the offences punishable under Section 5/6 of POCSO Act treating

him to be major. It is argued that there are material contradictions

in the statements of prosecutrix recorded under Section 164 Cr.P.C

and her sworn statement recorded as PW/2. In her statement

recorded under Section 164 Cr.P.C, she did not name the present

appellant as her assailant and rather alleged that two boys

kidnapped her and took her away on a motorcycle. The driver of

motorcycle went away and the boy sitting behind, committed rape

with her. However, in her court statement, she deposed that

Vikram and Mukesh took her and present appellant committed

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rape with her. In her cross-examination, she mentioned that

name of accused appellant was disclosed by her maternal uncles

Vikram and Mahesh. It is further argued that the appellant was on

bail during the trial, therefore, he may be enlarged on bail while

suspending the sentence awarded to him by the trial court.

Learned Public Prosecutor vehemently opposed the

application for suspension of sentence and submitted that specific

allegation has been levelled against the appellant for committing

rape, therefore, the appellant is not entitled to be released on bail.

We have considered the rival arguments advanced by the

parties and perused the judgment of the court below.

Upon consideration of the arguments advanced on behalf of

the appellant so also considering the fact that there are material

contradictions in the statement of prosecutrix recorded under

Section 164 Cr.P.C and her sworn testimony when she was

examined as PW/2 and that the appellant was on bail during the

trial, this Court is of the opinion that it is a fit case for suspending

the sentences awarded to the accused appellant.

Accordingly, without expressing any opinion on merits, the

application for suspension of sentence filed under Section 389

Cr.P.C. is allowed and it is ordered that the sentence passed by the

learned Special Judge, POCSO Act Cases, Dungarpur vide

judgment dated 06.11.2019 in Sessions Case No. 15/2018

against the appellant applicant Jeet Mal @ Jija S/o Marta Rot, 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.1,00,000/- with two sureties of Rs.50,000/- each to

the satisfaction of the learned trial Judge for his appearance in this

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court on 03.09.2021 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

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.

                                   (MANOJ KUMAR GARG),J                                   (SANDEEP MEHTA),J




                                    44-BJSH/-









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