Bhanwar Ram vs State
2021 Latest Caselaw 15395 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2/2020

Bhanwar Ram S/o Shri Puran Ram, Aged About 45 Years, 5 B.l.d., P.s. Sri Vijaynagar, District Sri Ganganagar (Rajasthan). (Lodged In Central Jail Sri Ganganagar).

----Petitioner Versus State, Through P.P

----Respondent

For Petitioner(s) : Dr. Javed Khan Moyal For Respondent(s) : Mr. B.R.Bishnoi, AGC

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

04/10/2021

The appellant-applicant has been convicted and sentenced as

below vide judgment dated 16.09.2019 passed by learned

Sessions Judge, POCSO Act Cases No.1, Sriganganagar in

Sessions Case No.123/2018:-

Offence    Under Imprisonment                   Fine                Sentence          in
Section                                                             default of fine
5 (l) and (n)/6 Life Imprisonment Rs.10,000/- 1                                Year's
of POCSO Act                                                        Additional RI

He has moved the instant application under Section 389

Cr.P.C. seeking suspension of sentences awarded to him by the

learned trial court.

(2 of 3) [SOSA-2/2020]

Learned Public Prosecutor has filed reply to the application

for SOS.

Learned counsel Dr. Moyal urges that there is a grave

contradiction in the version of the victim as set out in the FIR, in

the site inspection plan and her sworn testimony. He urges that

the victim is none other than minor daughter of the appellant, who

has been falsely implicated in this case because a matrimonial

strife was going on between him and his wife. He urges that the

appellant who is in custody for the last seven years deserves

indulgence of bail during pendency of the appeal.

Per contra, learned Public Prosecutor has vehemently and

fervently opposed the submissions advanced by the appellant's

counsel. He points out that the victim upon being examined as

PW.5 has given cogent testimony implicating the appellant for the

allegation of subjecting her to sexual assault. The victim's

testimony is duly corroborated by her mother and her younger

brother and so also the FSL report. He thus, urges that the

appellant has committed a heinous offence of subjecting his own

minor child to sexual assault and hence, he does not deserve

indulgence of bail during pendency of the appeal.

We have heard and considered the submissions advanced at

bar and have gone through the impugned judgment and the

record.

The aspect whether the testimony of the victim requires

corroboration would be gone into when the appeal is finally

decided. But for the present, we are of the view that the victim

has given cogent and convincing testimony alleging that the

appellant repeatedly subjected her to sexual assault. The

appellant is the father of the victim.

(3 of 3) [SOSA-2/2020]

In this background and considering the nature and gravity of

allegations, we are not inclined to suspend the sentences awarded

to the appellant by the trial court. Accordingly, the instant

application for suspension of sentences is dismissed as being

devoid of merit. The appeal shall be listed for hearing on its turn.

(RAMESHWAR VYAS),J (SANDEEP MEHTA),J

22-Sudhir Asopa/Devesh/-

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