Manish vs State Of Rajasthan
2022 Latest Caselaw 13603 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1015/2022

Manish S/o Shri Kalu, Aged About 19 Years, R/o Village Palvada- Fala- Mataji, Police Station Sadar Dungarpur, District Dungarpur (Rajasthan) (Appellant Is In Central Jail, Udaipur)

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Shambhoo Singh Rathore. For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG, with Mr. Pallav Sharma.

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment

21/11/2022

Heard learned counsel for the parties on the application for

suspension of sentence.

The instant application for suspension of sentence has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the learned Special Judge, Protection of Children

from Sexual Offences Act, 2012 and Child Rights Protection

Commission Act, 2005, Dungarpur in Sessions Case No.157/2019

vide judgment dated 20.09.2021. The appellant-applicant has

been sentenced as under :-

                                        (2 of 4)                   [SOSA-1015/2022]




Offence U/s         Sentence              Fine                   Sentence     (in
                                                                 default       of
                                                                 fine)
363, IPC            5 years' R.I.         10,000/-               2 months' addl.
                                                                 S.I.
376(2) IPC R/w L.I.                       1,00,000/-             1 year's addl.
Section       5/6                                                S.I.
POCSO ACT

Learned counsel for the appellant has submitted that the trial

court has erred in convicting the appellant by the impugned order

dated 20.09.2021. It is argued that as a matter of fact, the

prosecutrix (P.W.-6) and the appellant were known to each other

and she eloped with the appellant as per her own free will.

Learned counsel has invited the attention of the Court towards the

statement of prosecutrix (P.W.6) recorded under Section 164

Cr.P.C in which she has admitted her relationship with appellant-

Manish and during the course of investigation before the Police

she did not allege sexual assault on her, though in her Court

statement she has falsely stated that she gave statement before

the Police and Magistrate under pressure of the appellant. Learned

counsel has further submitted that even in the Court, the

prosecutrix has refused to go with her parents. It is submitted

that other evidence available on record clearly suggests that the

prosecutrix went with the appellant as per her own free will. It is

also submitted that the appellant is also of tender age and in such

circumstances, it cannot be said that the appellant had any

intention to commit crime. The appellant is in custody since

20.08.2019, however, the appeal preferred by him against the

(3 of 4) [SOSA-1015/2022]

impugned judgment will take sufficiently long time in hearing.

Thus, it is prayed that the sentence awarded to the appellant-

applicant by the trial court may be suspended.

Learned Public Prosecutor opposed the application for

suspension of sentences.

Having heard learned counsel for the parties; after carefully

scrutinizing the record of the case and taking into consideration

the custody period of the appellant-applicant, this Court is inclined

to suspend the sentence awarded to the appellant-applicant by the

trial court vide impugned judgment dated 20.09.2021.

Accordingly, this application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the learned Special Judge,

Protection of Children from Sexual Offences Act, 2012 and Child

Rights Protection Commission Act, 2005, Dungarpur in Sessions

Case No.157/2019 against appellant-applicant Manish S/o Shri

Kalu shall remain suspended till final disposal of the aforesaid

appeal provided he executes a personal bond in the 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 22.12.2022 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,

(4 of 4) [SOSA-1015/2022]

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.

(KULDEEP MATHUR),J (VIJAY BISHNOI),J

34. Prashant/-

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