Rajasthan High Court - Jodhpur
Parmesh vs State Of Rajasthan on 20 April, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-1233/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1233/2021
Parmesh S/o Sh. Maneng, Aged About 21 Years, Village
Utiyapan, P.s. Kotwali, Banswara, Dist. Banswara (Raj.). (At
Present Lodged In Dist. Jail, Banswara).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Jubin Mehta
For Respondent(s) : Mr. SS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/04/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Heard counsel for the parties on application seeking
suspension of sentence.
Mr. Jubin Mehta, counsel for the appellant alongwith
Mr. Jaswant Singh submits that the prosecution could not bring
out the case beyond the shadow of doubt.
Counsel for the appellant submits that consistently PW-1,
who is mother of prosecutrix, PW-2 the prosecutrix herself and
PW-3 the Communication Specialist for deaf & dumb have
categorically deposed that rape was committed by Hakru and
Rajesh. Counsel for the appellant submits that there was specific
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denial of any kind of rape having been committed by present
appellant-Parmesh upon the prosecutrix.
Counsel for the appellant submits that as per the medical
evidence, the prosecutrix was having second molar teeth and
about 28 teeth, which indicate her age to be between 17 and 21
years.
Counsel for the appellant has also relied upon the judgment
of this Hon'ble Court Dalla Ram Vs. State of Rajasthan passed in
S.B. Criminal Appeal No.880/2021, decided on 22.11.2021.
Learned PP opposed the application.
This Court on conjointly seeing the statements of PW-1,
PW-2 and PW-3; a categoric and consistent denial of rape by the
prosecutrix and her mother; precedent law of Dalla Ram (supra)
and the fact that PW-3, a Communication Specialist for deaf and
dumb confirming the version, is sufficient to cast suspicion in the
case of the prosecution.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - Parmesh S/o Sh. Maneng by the learned Special Judge,
POCSO Act Cases, Banswara vide judgment dated 16.11.2021 in
Special POCSO Case No.36/2019 (CIS No.36/2019) shall remain
suspended till final disposal of aforesaid appeal provided he
executes a personal bond for a sum of Rs.50,000/- alongwith two
solvent sureties in the sum of Rs.25,000/- each to the satisfaction
of the learned trial court for his appearance before this Court on
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27.05.2022 and whenever called upon to do so till the disposal of
the appeal on the conditions inidcated 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(s) 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.
(DR.PUSHPENDRA SINGH BHATI), J.
159-nirmala/Sanjay
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