Pukha Ram @ Pukhraj vs State Of Rajasthan ...
2023 Latest Caselaw 3042 Raj

[2023/RJJD/010017]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1044/2022

IN

S.B. Criminal Appeal No.1743/2022

Pukha Ram @ Pukhraj S/o Shri Sona Ram, Aged About 25 Years, R/o Charnisara, Panchodi Police Station, District Nagaur. (Lodged In Central Jail, Ajmer)

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Kum Kaushalya, by Cast Jat, R/o Khadkali, Panchodi Police Station, Distt. Nagaur.

----Respondents

For Appellant(s) : Mr. Dilip Singh Rathore Mr. Karan Singh Ratorhe Mr. Raj Singh Bhati For Respondent(s) : Mr. Gourav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI Order 13/04/2023

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

12.10.2022 passed by the learned Special Judge, POCSO Act

Cases, Nagaur in Sessions Case No.45/2021 whereby he was

convicted and sentenced to suffer maximum imprisonment of 20

years rigorous imprisonment along with fine of Rs.1,00,000/-

under Section 3/4 POCSO Act, 2012 and lesser punishments for

the offences under Sections 363, 366 of IPC.

Learned counsel for the appellant submits that the manner in

which occurrence alleged to have taken place does not inspire

confidence and therefore, in the interest of justice, basing

[2023/RJJD/010017] (2 of 3) [SOSA-1044/2022]

conviction on such tainted evidence would not be safe. He argues

that there is a delay in lodging of the FIR for which no satisfactory

explanation has been furnished. The admissions made by the

victim in cross examination further casts a serious doubt over her

credence. No plausible explanation has been furnished as to why

she joined the company of the appellant on the date of the

incident. The allegations of taking snap shots and preparing a

video has been belied in view of the result of the investigation

wherein no such evidence has been collected, even the appellant

has not been convicted for any offence under the I.T. Act.

As far as the question of age is concerned, learned counsel

for the appellant raises serious doubts over the documents

showing the age of the prosecuterix and submits that appellant is

behind the bars since 25.02.2021 and hearing of the appeal is

likely to take long time, therefore, the application for suspension

of sentence may be granted.

Per contra, learned public prosecutor has vehemently

opposed the prayer made by learned counsel for the accused-

applicant for releasing the appellant on application for suspension

of sentence.

Heard learned counsel for the parties and perused the

material available on record.

Upon consideration of the submissions of the counsel for the

parties, a strong arguable case is made out in favour of the

appellant. Looking to the totality of facts and circumstances of the

case while refraining from passing any comments on the niceties

of the matter and the defects of the prosecution as the same may

put an adverse effect on hearing of the appeal, this court is of the

[2023/RJJD/010017] (3 of 3) [SOSA-1044/2022]

opinion that it is a fit case for suspending the sentence awarded to

the accused-appellant.

Accordingly, the application for suspension of sentence filed

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

sentence passed by learned Special Judge, POCSO Act Cases,

Nagaur in Sessions Case No.45/2021 against the appellant-

applicant- Pukha Ram @ Pukhraj S/o Shri Sona Ram shall

remain suspended till final disposal of the aforesaid appeal and he

shall be released on bail 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 15.05.2023 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 applicant 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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 118-Ashutosh/-

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