Rajasthan High Court - Jodhpur
Raju @ Rajesh vs State Of Rajasthan on 12 November, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 684/2021
Raju @ Rajesh S/o Hurma, Aged About 18 Years, Gamela, P.S.
Kunwa, Dist. Dungarpur (Raj.).
(At Present Lodged In Dist. Jail, Dungarpur).
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Manoj Kumar Pareek
For Respondent(s) : Mr. Laxman Solanki, P.P
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
12/11/2021
The appellant herein stands convicted and sentenced vide
judgment dated 22.10.2021 passed by learned Special Judge,
Special Court, POCSO, Dungarpur in Sessions Case
No.35/2020(CIS No. 35/2020) as under:-
Offence Sentence Fine Fine Default
sentences
Section 376(2) IPC 20 Years' Rs.1,00,000/ 1 Year S.I.
R/W Sec. 5/6 of the R.I. -
POCSO Act, 2012
Learned counsel for the appellant submits that in this case
appellant has been convicted without any evidence; prosecutrix
PW-1 Mst 'S' herself has been declared hostile; she did not
corroborate the prosecution story; she categorically stated that
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nothing wrong was done with her by appellant Raju @ Rajesh; he
further submits that appellant is aged about 18 years whereas
prosecutrix is aged about 17 years; learned trial Court committed
gross error in convicting the appellant without any evidence.
Hence, learned counsel for the appellant prays to allow this
application seeking suspension of sentence.
Learned Public Prosecutor opposes the application seeking
suspension of sentence. As per his contention, prosecutrix has not
supported the case on account of compromise arrived at between
the parties. Hence, offence is not compoundable one.
Heard learned counsel for the appellant as well as learned
Public Prosecutor.
Having regard to the submissions of the learned counsel for
the parties and after perusal of the record, this Court deems it to
be a fit case to suspend the sentences awarded by the learned
trial Court. As stated by the counsel for the appellant the
prosecutrix has not supported the allegation levelled against the
appellant Raju @ Rajesh. Record has also revealed that appellant
was on bail during trial. He is below 21 years of age.
In the facts and circumstances of the case, particularly
looking to the nature of the evidence available on record, this
Court consider it 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 thelearned Special Judge,
Special Court, POCSO, Dungarpur vide judgment dated
22.10.2021 in Sessions Case No.35/2020(CIS No. 35/2020)
against the appellant Raju @ Rajesh S/o Hurma, shall remain
(3 of 3) [SOSA-684/2021]
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 17.12.2021 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That appellant will appear before the trial Court in
the month of January of every year till the appeal is
decided.
2. That if the appellant 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-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant 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 appellant 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
112-rahul arya/-
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