Rajasthan High Court - Jodhpur
Asif Sindhi vs State Of Rajasthan on 12 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1765/2022
Asif Sindhi S/o Fakruddin Sindhi, Aged 20 Years, R/o Muslim
Basti Kolyari, P.S. Falasiya, Distt. Udaipur (Raj.) (At Present
Lodged In Central Jail, Udaipur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Anuj Sehlot
For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
12/12/2022
Heard.
Admit.
Issue notice to the respondent. Learned Public Prosecutor accepts
notice on behalf of State. Hence, notice need not be issued.
Heard learned counsel for the appellant and learned public
prosecutor on application of suspension of sentences No.1056/2022.
Learned counsel for the appellant submits that the learned Court
below has failed to appreciate the correct legal and factual aspects of
the matter as the delay occurred in launching the prosecution has not
been explained satisfactorily. It is emanating from the FIR (Ex. P-6)
itself that when on 27.10.2020, the prosecutrix made an attempt to end
her life by taking insecticides and she was taken to hospital; only
thereafter, the FIR came to be lodged. The another excuse has been
made to explain the delay in lodging FIR was that some video clip and
obscene pics were in possession of the accused but no such obscene
pics and video have been taken on record. It is not clear that whether
the prosecutrix was perturbed by her parents or she was instigated by
the accused appellant. No corroborative evidence has been placed on
record so as to give strength to the said deposition. There is no
(2 of 3) [CRLAS-1765/2022]
corroboration from the medical side also; the actual date of incident has
not been explained, the entire case of the prosecution is hinges upon
solitary testimony of the prosecutrix in which several discrepancies are
appearing and therefore basing conviction upon appellant on these
counts would not be safe. It is submitted that he remained present on
the date of conviction and sentence, he has been sentenced for
imprisonment of 20 years but no good reason has been assigned, thus,
argument are also raised on the quantum of sentence. He further
submits that when it is alleged that for two years and long prosecutrix
was molested at least corroborative evidence has to be there so as to
rely upon the solitary testimony of the prosecutrix.
He further submits that he has strong arguable case in his favour.
Hearing of the appeal would take long time, appellant was on bail
during the trial of the case and never misused the liberty so granted to
him.
Per contra, learned Public Prosecutor submits that it is a case of
penetrative sexual assault over a minor which continued for long two
years and the delay has satisfactorily been explained by the
prosecution.
Heard learned counsel for the appellant and learned Public
Prosecutor. Perused the material available on record.
In light of the evidence available on record and the submissions
advanced by learned counsel for the appellant seems to be worth
considerable. Thus, looking to the entirety of the facts and
circumstances of the case and the fact that the appellant was on bail
during trial and he has not misused the liberty so granted to him, this
Court deems it appropriate that it is a fit case for suspending the
sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed under
Section 389 Cr.P.C. is allowed and it is ordered that the sentences
passed by the learned Special Judge (POCSO Cases) No.1, Udaipur vide
judgment dated 02.11.2022 in Sessions Case No. 02/2021
(3 of 3) [CRLAS-1765/2022]
(CIS No.02/21) against the appellant-applicant Asif Sindhi S/o
Fakruddin Sindhi, 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.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 13.01.2023 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.
(FARJAND ALI),J
2-amit/-
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