Rajasthan High Court - Jodhpur
Ranchhod vs State Of Rajasthan ... on 13 April, 2023
Bench: Farjand Ali
[2023/RJJD/009874]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Bail (SOS) Application No.871/2022
IN
S.B. Criminal Appeal No. 1496/2022
Ranchhod S/o Sh. Shankar Lal, Aged About 34 Years, R/o
Kesarpura PS Sheoganj, Dist. Sirohi
(At Present Confined In Central Jail Jodhpur)
----Appellant
Versus
State of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Deepak Choudhary
For Respondent(s) : Mr. Gaurav 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-appellant in the matter of
judgment dated 08.09.2022 passed by learned Special Judge,
Special Court (POCSO Act, 2005), Sirohi in Sessions Case
No.36/2019 whereby applicant-appellant was convicted and
sentenced to suffer maximum punishment of 10 years rigorous
imprisonment along with fine of Rs.25,000/- in default of fine
further to undergo 1 year simple imprisonment under Section
5(m)/6 of POCSO Act, 2012.
Learned counsel for the applicant-appellant submits that a
patently false case has been foisted against the applicant-
appellant with an oblique motive to usurp the property of which
the applicant-appellant was having possession. It is contented that
[2023/RJJD/009874] (2 of 3)
neither the allegations are getting corroboration from the medical
side nor any independent evidence has been brought on record so
as to bring home the guilt of the applicant-appellant. To bolster his
submission, learned counsel drew attention of this court towards
the medical report prepared by the medical officer as well as of
her deposition before the trial court, wherein, she agrees with the
suggestion made by the defence that at the time of examination
of the victim, she did not found any injury on her private parts. It
is further contended that the case of the prosecution has been
belied on this particular aspect that at one place it is asserted that
the victim was found in a pool of blood. On the contrary, neither
the clothes were seized or taken on record nor any blood clots
were noticed at the time of examination. The discrepancies and
contradictions appearing in the testimony of the prosecution
witnesses have been pointed out so as to convince this court that
the appellant has falsely been implicated in this matter. Thus, it is
submitted that since the hearing of the appeal is likely to take a
long time, therefore, during the pendency of the appeal he may be
released on bail.
Per contra, Shri Gaurav Singh, learned Public Prosecutor has
vehemently opposed the prayer made on behalf of the learned
counsel for the applicant-appellant for suspending the sentence of
the applicant-appellant. It is submitted that it is a case of sexual
assault over a baby girl of 3 years only. The defence has
miserably failed to establish the fact that he has falsely been
implicated owing to some personal grudge in respect of a plot. It
is urged that even no oral or documentary evidence has been
produced so as to support the contention made at the behest of
[2023/RJJD/009874] (3 of 3)
the applicant-appellant. On the contrary, the case of the
prosecution is well proved in light of the evidence available on
record. As on date, nothing is there on record on the basis of
which the evidence of a child witness supported with either
evidence be discarded or disbelieved.
Heard and perused the material available on record.
At the stage of hearing on the application for suspension of
sentence, it would not be appropriate and just for this Court to
make any observation, pass comment or adjudicate any issue
finally since the same may influence the case of either of the party
at the time of hearing on merits. However, looking to the nature of
allegations, the quality of evidence available on record, the
quantum of punishment and the period of sentence already
undergone by the appellant, I do not deem it just and appropriate
to allow the application for suspension of sentence.
Accordingly, the present application for suspension of
sentence filed under Section 389 Cr.P.C. is dismissed.
(FARJAND ALI),J
9-AnilKC/-
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