Rajasthan High Court - Jodhpur
Raja Ram vs State Of Rajasthan on 27 September, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1367/2022
Raja Ram S/o Bajranglal, Aged About 20 Years, R/o Ward No. 40
Bhojlai Road Sujangarh Dist. Churu Raj. (At Present Lodged In
Jail Churu)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Aarti D/o Mukesh Kumar Soni, R/o Ward No. 40
Sujangarh Dist. Churu Through Her Natural Guardina
Mother Lalita Soni W/o Mukesh Kumar R/o Ward No. 40
Sujangarh Dist. Churu
----Respondents
For Appellant(s) : Mr. S.K. Verma
For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/09/2022
Admit.
Issue notice to the respondent No.2 only, as the learned
Public Prosecutor accepts notice on behalf of respondent No.1
State.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.786/2022.
Learned counsel for the appellant submits that the appellant
has already undergone a custody period of 3 years, 11 months
and 14 days.
Learned counsel for the appellant has taken this Court to the
statement of prosecutrix (PW-1), in which, the story of the
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prosecution gets very doubtful, as the prosecutrix voluntarily
going away at night about 2:00 A.M. upon being telephone called
by the present appellant creates a lot of doubt.
The paragraph-83 of the judgment dated 24.08.2022 passed
by learned Appellate Court reads as follows:-
"83& ih-MCY;w 1 ihfM+rk }kjk dkywjke ih-MCY;w- 6 ds ?kj ij vfHk;qDr dk
mls ;g dg dj ys tkuk fd mlds ?kj ij ihfM+rk dh ekrk dk Qksu vk;k gs] ;g
dFku LokHkkfod izrhr ugha gksrk gSA ihfM+rk dh ekrk ih-MCY;w- 6dk dFku gS fd og
ihfM+rk dks dkywjke ds ?kj ij NksM+ dj xbZ FkhA xokg ih-MCY;w- 6 dkywjke us
jktkjke }kjk ihfM+rk dh ekrk dk Qksu vkus dk dg dj ihfM+rk ih-MCY;w- 1 dks ys
tkus ds rF; ls badkj fd;k gS vkSj dFku fd;k gS fd tc og tkxk rks ?kj dk
njoktk [kqyk gqvk FkkA xokg ih-MCY;w- 6 dkywjke dh lk{; ls Li"V gS fd dkywjke
ds ?kj ij Hkh Qksu miyc/k FkkA ihfM+rk us Hkh ml jkr vfHk;qDr ls Qksu ij ckr
djuk Lohdkj fd;k gSA jk=h ds nks cts ihfM+rk dh ekrk dk Qksu vkrk rks
LokHkkfod o lkekU; rkSj ij dkywjke Lo;a ;k ihfM+rk dkywjke ds Qksu ls ckr
djrh] u fd jk=h ds nks cts ihfM+rk dks vdsys ,d o;Ld yM+ds jktkjke ds lkFk
ihfM+rk dks HkstrkA ihfM+rk dk dkywjke ds ifjokjtuksa ds lks tkus ds ckn tkuk vkSj
fQj jk=h esa gh dkywjke ds ?kj ds fiNys njokts ls ?kj ij vk tkuk] ;g izdV
djrk gS fd ihfM+rk vfHk;qDr ds lkFk jk=h esa viuh ethZ ls xbZ gksxh ijUrq vk;q ds
lEcU/k esa mijksDr foospu ls ihfM+rk dk 16 o"kZ ls de vk;q dh ukckfyx gksuk
izekf.kr gqvk gS] vfHk;qDr ds lkFk tkus gsrq ukckfyx ihfM+rk dh lgefr ;fn jgh
Hkh gS rks og lgefr fof/k dh n`f"V esa dksbZ ek;us ugha j[krh gSA "
Learned counsel for the appellant also submits that the
prosecutrix has admitted certain letters and previous association.
Learned Public Prosecutor opposes on the ground that the
Medical Board had opined that there were signs of sexual assault.
Having considered the totality of facts and circumstances of
the case and on conjoint consideration of the submissions made
by learned counsel for the appellant as well as keeping into
consideration the custody period is of near about four years, this
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Court deems it just and proper to suspend the substantive
sentence awarded to the accused applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) 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 24.08.2022 in Sessions Case No.125/2018 against
appellant- Raja Ram S/o Bajranglal 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 02.11.2022 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
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trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
9-/Jitender/suraj
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