Rajasthan High Court - Jodhpur
Pawan Kumar vs State Of Rajasthan on 27 June, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-443/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 443/2022
Pawan Kumar S/o Sh. Kalu Ram, Aged About 30 Years, R/o
Dholpalia, PS Bhadra Dist. Hanumangarh. (Now Presently
Lodged In District Jail, Hanumangarh)
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. V.K. Bhadu
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Jogender Singh
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/06/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.334/2022.
Learned counsel for the appellant submits that in the
statement rendered under Section 161 of Cr.P.C., the prosecutrix,
who was about 17½ years at the time of incident, has accepted an
affair and consensual relationship.
Learned counsel for the appellant further submits that in the
statement rendered by the prosecutrix under Section 164 of
Cr.P.C., there was an improvement and the allegation was levelled
upon multiple persons, however, the learned trial court has
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disbelieved the version and only accepted it to the extent of the
present appellant.
Learned counsel for the appellant also submits that from the
record, the enticing away with consent is reflected.
Learned Public Prosecutor as well as learned counsel for the
complainant submits that the FSL report clearly indicated that
there was a semen of a man, and thus, the case was proved
beyond reasonable doubt and the judgment impugned does not
suffer from any infirmity.
This Court, after considering all the aspects and perusing the
record as well as looking into the statements rendered by the
prosecutrix under Section 161 & 164 Cr.P.C., is of the opinion that
there is a reflection of consent and in the statements the
allegations have been expanded to the extent that they
themselves create doubt.
Thus, having considered the totality of facts and
circumstances of the case, this Court deems it just and proper to
suspend the substantive sentence awarded to the accused
applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
334/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 22.04.2022 in Criminal Session Case
No.25/2018 against appellant- Pawan Kumar S/o Sh. Kalu Ram
shall remain suspended till final disposal of the aforesaid appeal,
provided he executes a personal bond in a 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
27.07.2022 and whenever ordered to do so, till the disposal of
the appeal on the conditions indicated below:-
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1. That he 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, they 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,
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 do 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.
11-Zeeshan/Jitender
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