Rajasthan High Court - Jodhpur
Babu Kha @ Rahmat Ali vs State Of Rajasthan on 12 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [SOSA-366/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 366/2021
Babu Kha @ Rahmat Ali S/o Shokat Ali, Aged About 23 Years, By
Caste Musalman, R/o Village Kala, Police Thana Chhatargarh,
District Bikaner. (At Present Lodged In Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Sunil Vishnoi
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/05/2022
Learned counsel for the petitioner submits that in the
statement rendered by the prosecutrix under Section 164 Cr.P.c.,
she has made absolutely no allegation against the present
petitioner.
Learned counsel for the petitioner further submits that even
in the testimony of prosecutrix, as PW-3, she has stated that they
went from one place to another, which is from Bikaner to
Ahmedabad, Bengaluru, Jodhpur etc. It is also contended by
learned counsel for the petitioner that she did not raise any alarm
in the public transportation.
Learned counsel for the petitioner further submits that both
were the young persons and the pregnancy had arisen out of their
relationship, but subsequently the prosecutrix has deposed against
the present petitioner.
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Learned counsel for the petitioner further submits that the
petitioner was himself of 18 years at the time of incident. It is
also contended that the petitioner is in custody since 09.04.2021,
which is about one year and six moths.
Learned Public Prosecutor opposes the application and
submits that consent is of no consequence because the
prosecutrix is a minor and moreover, in the main testimony, as
PW-3, she has deposed incident of rape.
Heard learned counsel for the parties and perused the
material available on record.
This Court, after hearing the learned counsel for the parties
and perusing the record of the case, particularly, the statement
rendered by the prosecutrix under Section 164 of Cr.P.C. on
02.06.2017; the age of the petitioner being 18 years at the time
of incident; pregnancy of the prosecutrix, the travelling of places
including Ahmedabad, Bengaluru,, Jodhpur etc. and also looking
into the custody period of about one year and six months, is
inclined to to suspend the sentence.
Thus, having considered the totality of facts and
circumstances of the case, this Court considers it just and proper
to suspend the substantive sentence awarded to the accused
applicant-appellant.
Accordingly, the present suspension of sentence application
filed under Sec.389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 09.04.2021 in Sessions Case No.131/2018 (CIS
No.148/2018) against applicant-appellant Babu Kha @ Rahmat
Ali S/o Shokat Ali Lal shall remain suspended till final disposal of
the aforesaid appeal, provided he executes a personal bond in the
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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 04.07.2022 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
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, he 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 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.
117-Sudheer/-
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