Rajasthan High Court - Jodhpur
Dhanna Ram vs State Of Rajasthan on 25 May, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 698/2022
Dhanna Ram S/o Shri Thana Ram, Aged About 24 Years, R/o
Rajasani, Mathania Police Station, District Jodhpur. (Confined In
Central Jail, Jodhpur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. JVS Deora
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/05/2022
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.432/2022.
Learned counsel for the appellant submits that the main
accused was Surja Ram, who was convicted under Sections 363,
366-A, 376 (2)(n) IPC and Section 5(L) read with Section 6 of the
POCSO Act, 2012. Learned counsel further submits that the
learned trial court has categorically and specifically acquitted the
appellant from the allegations levelled under Section 376-D/120-
B, 376(2)(n)/120-B IPC and Section 17/18 of the POCSO Act, but
the appellant has been convicted under Section 363 and 366-A of
the IPC.
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Learned counsel also submits that the main allegations was
against Surja Ram only and the appellant was on bail during trial.
Learned counsel further submits that even in the statement of
prosecutrix, no sexual assault has been attributed to the
appellant.
Learned Public Prosecutor opposes the suspension of
sentence application.
This Court, taking into account that the appellant was on bail
during trial and has been subsequently, acquitted under Sections
376-D/120-B, 376(2)(n)/120-B IPC and Sections 17/18 of POCSO
Act, 2012 as well as taking into account the statement of the
prosecutrix and also taking note of the fact that the appellant was
not responsible for any sexual assault, is inclined to suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
432/2022 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 06.05.2022 in Session Case No.97/2018
against appellant- Dhanna Ram S/o Shri Thana 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
28.06.2022 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, 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,
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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.
5-Zeeshan
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