Rajasthan High Court - Jodhpur
Santosh Kumar vs State Of Rajasthan on 26 May, 2022
Bench: Pushpendra Singh Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 557/2022
Santosh Kumar Sen S/o Shri Laxmichand Sen, Aged About 42
Years, B/c Sen, R/o Khalgaon, Bhainsrodgarh, Police Station,
Presently R/o Ward No. 9, Rps Colony, Rawatbhatta Police
Station, Rawatbhatta, District Chittorgarh (Lodged In District
Jail, Chittorgarh)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. K.P. Raj Singh
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/05/2022
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.374/2022.
Learned counsel for the appellant has drawn attention of this
Court towards the statement of the prosecutrix, in which, though
there is allegation of assault but there is no allegation of rape.
Learned counsel for the appellant submits that in the
statement of the victim, she has alleged that for last about one
year, the appellant has been teasing and threatening her. Learned
counsel further submits that there are no injuries and there is no
independent corroboration of the incident. The medical report also
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does not suggest any violence. The conclusion drawn by the
learned trial court in paragraph 21 is that there was a continuous
misconduct/threat/victimization by the appellant for about last one
year.
Learned counsel for the appellant specially drew attention of
this Court towards the statement of PW-5 Rukmi Bai, who is the
mother-in-law of the victim and who has deposed that the accused
persons was teasing her daughter-in-law for about last one year.
The mother-in-law has also deposed that the matter was taken up
at the village level and the appellant was forced to tie 'rakhi' upon
the hands of the victim, but he again persisted on teasing her and
also outrage her modesty.
Learned Public Prosecutor opposes the suspension of
sentence application.
This Court on conjoint reading of outcome of the impugned
order; the statement of the mother-in-law PW-5 Rukmi Bai; the
medical report showing no injuries; the continuous incident of eve
teasing for last about one year and the short delay in lodging of
FIR, is inclined to suspend the sentence awarded to the appellant.
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.
374/2022 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 Session Case No.4/2018
(110/2019) against appellant- Santosh Kumar Sen S/o Shri
Laxmichand Sen 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
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Court on 06.07.2022 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, 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.
In case, at any time, the appellant approaches the victim or
create any kind of harassment upon her, the victim or her family
members shall be free to immediately move this Court for
cancellation of the suspension of sentence application.
(DR.PUSHPENDRA SINGH BHATI), J.
227-Sudheer/-
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