Rajasthan High Court - Jodhpur
Ratna Ram vs State on 2 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 388/2020
Ratna Ram S/o Tajaram, Aged About 19 Years, B/c Meghwal, R/o
Prem Singh Ki Dhani, Dedusar, P.s. Beenjrad, District Barmer.
( Lodged At District Jail, Barmer).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Anand Purohit, Senior Advocate,
assisted by Mr. Kapil Purohit, through
VC
For Respondent(s) : Mr. Arun Kumar, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
02/07/2021
The instant application for suspension of sentence
under Section 389 CrPC has been preferred on behalf of the
appellant-applicant Ratna Ram S/o Tajaram, who has been
convicted and sentenced for the offences under Sections 341,
354-B, 354 IPC and Sections 9, 10 of the POCSO Act vide the
judgment dated 09.07.2019 passed by the learned Special Judge
(POCSO Act Cases), Balotra in Sessions Case No.3/2019.
Learned Public Prosecutor has chosen not to file reply
to the application for suspension of sentence and proposed to
argue the matter orally.
Heard learned counsel for the parties and perused the
material available on record.
(2 of 3) [SOSA-388/2020]
The FIR came to be lodged after significant delay. On a
perusal of the arrest memo of the accused (Ex.P/6), it is apparent
that his age has been mentioned in the said arrest memo to be 18
years. Even when the accused was examined under Section 313
CrPC by the trial court on 21.05.2019, his age has been recorded
as 18 years. In the charge-sheet, the year of birth of the
appellant has been mentioned as 2001. The incident took place on
26.11.2018 and thus, the probability of the appellant being a child
within the meaning of Juvenile Justice Act cannot be ruled out. He
is in custody for the last nearly two and half years. There
appellant appears to have significant grounds for assailing the
impugned judgment. No medical examination of the minor victim
was carried out.
In this background, I am of the opinion that there are
valid and substantial reasons to suspend the sentences awarded
to the appellant during the pendency of the appeal. At the same
time, it is hereby directed that the original record shall be
returned to the trial court, which shall conduct enquiry to
find out the actual age of the accused appellant and to
ascertain whether he was minor on the date of the incident.
The requisite enquiry shall be concluded within a period of
four months from today. The enquiry report as well as the
record shall thereafter be returned to this court.
Accordingly, the application for suspension of sentences
filed under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge (POCSO Act
Cases), Balotra vide judgment dated 09.07.2019 in Sessions Case
No.3/2019 against the appellant-applicant Ratna Ram S/o Tajaram
shall remain suspended till final disposal of the aforesaid appeal
(3 of 3) [SOSA-388/2020]
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 02.08.2021 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the applicant changes the place of
residence, he will give in writing his 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 in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant was 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 does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP MEHTA),J
44-Pramod/-
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