Rajasthan High Court - Jodhpur
Kiran @ Karan vs State Of Rajasthan on 8 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 860/2021
Kiran @ Karan S/o Deeta, Aged About 19 Years, R/o Wagadari
Upali, Police Station Sadar, District Dungarpur (Raj.) (At Present
Lodged At District Jail, Dungarpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Manoj Kumar Pareek
For Respondent(s) : Mr. SS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/07/2022
Heard learned counsel for the parties on application seeking
suspension of sentence No.860/2021.
Counsel for the appellant points out that the allegation
against present appellant is that he took away the prosecutrix on
23.07.2019 and made her to work as labourer in Gujarat and
forcibly kept her upto 11.08.2019. Although allegation of rape is
there in the statement of prosecutrix but at the same time she
says that she while sitting alongwith the accused used to go for
doing labour job alongwith other labourers at Sirohi Patan
(Gujarat).
Counsel for the appellant has drawn attention of Court to the
statements of prosecution witnesses i.e. PW-4 Rakesh, PW-7
Jeeva, PW-5 Rajkumar & PW-6 Prakash; a conjoint reading
whereof makes it clear that the prosecutrix was not taken away
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forcibly rather the prosecutrix herself came and sat in the vehicle
voluntarily and went with accused-appellant.
Counsel for the appellant, thus, submits that the prosecution
has failed to prove its case beyond reasonable doubt.
Counsel for the appellant lastly stated that there is likelihood
of the appeal being heard at an early date, thus, prayed to
suspend the sentence.
Learned PP opposed the application.
This Court on conjoint reading of statements of prosecutrix
alongwith the statements of PW-4 Rakesh, PW-7 Jeeva, PW-5
Rajkumar & PW-6 Prakash, is inclined to suspend the sentence.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - Kiran @ Karan S/o Deeta by the learned Special Judge,
POCSO Act Cases, Dungarpur vide judgment dated 10.12.2021 in
Sessions Case No.92/2019 (CIS No.92/2019) 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 learned trial court for his appearance before this Court on
23.08.2022 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
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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.
136-nirmala/Sanjay
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