Rajasthan High Court - Jodhpur
Sanjay vs State Of Rajasthan on 26 May, 2022
Bench: Pushpendra Singh Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Second Suspension Of Sentence Application
(Appeal) No. 476/2022
Sanjay S/o Shri Amritlal Meena, Aged About 24 Years, R/o Kakri
Dungri, Village Thana, P.s. Rishabhdeo, Dist. Udaipur. (Presently
Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bharat Shrimali
For Respondent(s) : Mr. SS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/05/2022
S.B. Criminal Appeal No.1037/2021 :
Admit.
Record has already been received.
This Court upon reading of para-11 of impugned judgment
finds that FSL Report has not been exhibited and it reflects that
the underwear of prosecutrix carried human semen. The FSL
Report (Serum) being examined by the learned court below
found that the blood-group of semen was "AB" whereas the end
result of blood-group & saliva of the prosecutrix and the accused
were 'result less'.
This Court is unable to understand non-production of the FSL
Report as well as non-result of FSL pertaining to saliva & blood
sample of the prosecutrix/victim.
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(2 of 3) [SOSA-476/2022]
Learned Public Prosecutor is directed to file affidavit of the
concerned FSL Officer explaining the discrepancies mentioned in
para-11 by the next date.
List the matter on 18.07.2022 to be taken up at 10:30 am
for perusal of compliance as well as for affidavit of FSL Officer
concerned.
S.B. Criminal Misc. 2nd SOS (Bail) No.476/2022 :
Heard learned counsel for the parties on 2 nd application
seeking suspension of sentence no.476/2022.
Counsel for the appellant submits that appellant is in custody
since December, 2018.
Counsel for the appellant further submits that the prosecutrix
is major and has entered into a compromise. Counsel for the
appellant submits that on medical examination, no external or
internal injury was found on the body of prosecutrix. Counsel for
the appellant submits that the hearing of appeal is likely to take
a long time, thus, prayed to suspend the sentence.
Learned PP opposed the application.
On conjoint reading of the impugned order; statement of
prosecutrix; statement of doctor; custody period undergone; FSL
report mentioned in para-11 of the judgment (though not
exhibited), this Court is inclined to suspend the sentence awarded
to the accused appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - Sanjay S/o Shri Amritlal Meena by the learned Special
Judge, POCSO Act, 2012 and Commissino for Protection of Child
Right Act, 2005 No.2, Udaipur vide judgment dated 28.09.2021 in
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(3 of 3) [SOSA-476/2022]
Sessions Case No.58/2019 (CIS No.20/2019) 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
11.07.2022 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 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.
249-Sanjay/-
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