Rajasthan High Court - Jodhpur
Suresh Singh vs State Of Rajasthan on 28 June, 2022
Bench: Vijay Bishnoi, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 45/2022
Suresh Singh S/o Mangal Singh, Aged About 25 Years, B/c
Rawat, R/o Guda Bhopa, P.s. Siriyari, Dist. Pali, Rajasthan. (At
Present Lodged In Dist. Sub Jail, Pali).
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Dungar Ram S/o Gena Ram, Aged About 40 Years, B/c
Meena, R/o Guda Chatara, P.s.Siriyari, Dist. Pali.
----Respondents
For Petitioner(s) : Mr. Gajendra Panwar
For Respondent(s) : Mr. R.R. Chhaparwal, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment / Order
28/06/2022
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant has submitted that the
trial court has grossly erred in convicting and sentencing the
appellant vide impugned judgment for the offence under
Section 363, 366A, 376(2)(N), 506 IPC, Section 3/4, 5L/6 of
(2 of 4) [SOSA-45/2022]
the POCSO Act and Section 3(1)(5) of the SC/ST (Prevention
of Atrocities) Act. Learned counsel for the appellant has
submitted that the prosecution has failed to prove the fact
that on the day of incident, the victim was minor. It is also
submitted that the so-called school record produced by the
prosecution to prove the fact that the victim was minor on
the date of incident is defective as there are certain
interpolations in the school record.
Learned counsel has submitted that as a matter of fact,
the victim and the appellant were in relation since the
appellant used to visit the victim's house as being an
employee of her uncle. It is further submitted that when the
appellant demanded his due wages from the uncle and father
of the victim, he was assaulted and when he proceeded to file
a complaint against the family members of the victim, he has
falsely been implicated in this case. Learned counsel has
submitted that the appellant is in judicial custody from last
more than two years and there is every likelihood that
hearing of the appeal will take time, as such, the sentence
awarded to the appellant by the trial court may be
suspended.
Per contra, learned Public Prosecutor has vehemently
opposed the application for suspension of sentence.
Having considered the overall facts and circumstances of
the case, keeping in view the fact that hearing of the appeal
is likely to take time, without commenting on the merits of
(3 of 4) [SOSA-45/2022]
the case, we are inclined to suspend the sentence awarded to
the appellant.
Accordingly, the application for suspension of sentence is
allowed and it is directed that the sentence awarded to
appellant - Suresh Singh S/o Mangal Singh by the Special
Judge, Protection of Children from Sexual Offences Act, 2005,
No.3, District Pali in Sessions Case No.59/2020 by judgment
dated 30.9.2021 shall remain suspended till final disposal of
the appeal provided he executes a personal bond in the sum
of Rs.50,000/- along with two sound and solvent sureties in
the sum of Rs.25,000/- each to the satisfaction of the trial
court for his appearance before this Court on 22.8.2022 and
whenever called upon 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(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
(4 of 4) [SOSA-45/2022]
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.
(KULDEEP MATHUR),J (VIJAY BISHNOI),J
37- ms rathore
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