Rajasthan High Court - Jodhpur
Rohtash vs State Of Rajasthan on 20 October, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1491/2022
Rohtash S/o Shri Gopi Ram, Aged About 27 Years, R/o Village
Lambor Chhoti, Tehsil Rajgarh, District Churu. (District Jail,
Churu)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. RS Choudhary
For Respondent(s) : Mr. Mahipal Bishnoi, PP
Mr. Viks Bijarnia
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/10/2022
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.869/2022.
Learned counsel for the appellant has drawn attention of this
Court towards the statement of prosecutrix. He has further drawn
attention of this Court to the sequence of the events, which
indicate that the accused appellant entered into the house of the
prosecutrix at about 3.00 A.M. and committed rape upon her.
Learned counsel for the appellant submits that while the
house was closed, it is unexplainable as to how the house opened
and how he entered.
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Learned counsel for the appellant submits that the appellant
is in custody since last about three years. Learned counsel further
submits that there is not an iota of scientific evidence, which
includes any finding regarding the semon or any kind of other
medical evidence of rape. The submission of learned counsel that
the allegations levelled upon the appellant are far-fetched.
Learned Public Prosecutor and learned counsel for the
complainant vehemently oppose the suspension of sentence
application on the ground that the prosecutrix has immediately
protested by lodging an FIR with the help of her husband, which
shows that incident had happened.
On conjoint consideration of the submissions made by
learned counsel for the appellant, which include the custody
period, no scientific evidence available, lack of sufficient medical
evidence to substantiate the case regarding presence of the
appellant's semon, so as to connect him with the alleged crime
and 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.
It is made clear that at the time of final hearing, none of
these observations shall prejudice either of the parties.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
869/2022 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 06.09.2022 in Session Case No.07/2020
against appellant- Rohtash S/o Shri Gopi Ram shall remain
suspended till final disposal of the aforesaid appeal, provided she
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 21.11.2022 and
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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.
(DR.PUSHPENDRA SINGH BHATI), J.
205-Sudheer/-
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