Neti Ram vs State Of Rajasthan ...
2023 Latest Caselaw 3403 Raj

[2023/RJJD/011497]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 746/2021

Neti Ram S/o Shri Naga Ji, Aged About 21 Years, R/o Village Sirodi, P.S. Anandara, Tehsil - Reodar, District - Sirohi (Raj.). (Presently Lodged In Central Jail, Jodhpur)

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

----Respondent

For Appellant(s) : Mr. S.S. Rathore For Respondent(s) : Mr. Gourav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

21/04/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 30.09.2021 passed by the learned Special Judge,

POCSO Act Cases, Sirohi in Sessions Case No.29/2019

whereby he was convicted and sentenced to suffer maximum

punishment of 10 years rigorous imprisonment along with

fine of Rs.25,000/- under Section 376 of IPC and lesser

punishment for other offence under Sections 452, 323 and

354 of IPC.

2. Learned counsel for the appellant submits that a patently

false case has been foisted against the appellant with a view

to wreck vengeance upon him or in order to settle the

dispute. An FIR (Ex.P2) came to be submitted on 13.11.2017

wherein, the mother of the victim alleged that the appellant

[2023/RJJD/011497] (2 of 4) [SOSA-746/2021]

made an attempt to molest her daughter and it was also

alleged that earlier also, she was subjected to rape. There

appear to be serious discrepancies in the statement of the

victim recorded during the course of the investigation and

during the trial, which go to the root of the case and create

serious doubts over her credence. It is also submitted that

the incident of rape has been alleged to have occurred three

months prior to the lodging of FIR. It is not comprehensible

as to why did she not make any attempt to report the matter

to the Police or to her family members. She is a major girl. A

dispute between the appellant and complainant party is

emanating from the record and thus, the possibility of the

false implication cannot be ruled out. There is no other

corroborative evidence so as to help the laches and defects

coming in the testimony of the prosecuterix. It is contended

that the learned trial Judge has not appreciated the correct

legal and factual aspects of the matter and thus, reached at

an erroneous conclusion of guilt, therefore, the same is

required to be appreciated again by this Court. He was on

bail during trial and did not misuse the liberty so granted to

him; hearing of the appeal is likely to take long time,

therefore, the application for suspension of sentence may be

granted.

3. 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.

[2023/RJJD/011497] (3 of 4) [SOSA-746/2021]

4. Heard learned counsel for the parties and perused the

material available on record.

5. 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 opinion that it is a fit case for

suspending the sentence awarded to the accused-appellant.

6. 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, Sirohi in Sessions Case No.29/2019 against the

appellant-applicant- Neti Ram S/o Shri Naga Ji 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 23.05.2023 and

whenever ordered to do so till the disposal of the appeal on

the conditions indicated below:-

(i) That he will appear before the trial Court in the month of January of every year till the appeal is decided.

(ii) That if the applicant changes the place of residence, he will give in writing his changed

[2023/RJJD/011497] (4 of 4) [SOSA-746/2021]

address to the trial Court as well as to the counsel in the High Court.

(iii) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 66-Ashutosh/-

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