Rajasthan High Court - Jodhpur
Dhanna Singh vs State Of Rajasthan on 10 August, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 861/2023
Dhanna Singh S/o Sultan Singh, Aged About 25 Years, Lasadiya,
P.S. Bheem, Dist. Rajsamand.
(Appellant Lodged At Central Jail Udaipur).
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Sandeep Singh S/o Ven Singh, Lasadiya, P.S. Bheem,
Dist. Rajsamand.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Jaitawat.
For Respondent(s) : Mr. S.K. Bhati, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/08/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
25.05.2023 passed by the learned Special Judge, POCSO Act
Cases, 2012 & Child Protection Act, 2005, Rajsamand in Sessions
Case No.55/2019 whereby, the applicant-appellant was convicted
and sentenced to suffer maximum imprisonment of 20 years
under Section 376(3) of the IPC and lesser punishment for the
other offences under Sections 363 and 376(2)(N) of the IPC.
2. Heard learned counsel for the appellant as well as learned
Public Prosecutor.
3. Learned counsel for the appellant submits that a false case
has been foisted against the appellant under the pressure of the
parents of the victim. A perusal of statement of victim 'H' who has
(2 of 5) [SOSA-861/2023]
been examined as P.W.-3 in the trial, would reveal that she was all
over a consenting party; she joined the association of the
appellant at her own accord, volition and free will. She left her
parent's house in the midnight of 13.06.2019, rode on the
motorcycle of the appellant and whereafter by using the public
transport, went to Ahmedabad and took a house on rent, where
they stayed for long one and half month. Thus, from the
circumstances appearing in the matter, a safe inference of consent
can easily be drawn.
4. So far as the question regarding age of the victim is
concerned, it is contended by the learned counsel that neither the
document i.e. Ex.P/14 is a sacrosanct piece of evidence nor any
reliance can be placed on oral evidence adduced in this regard. It
is contended that Ex.P/14 got issued on 07.09.2019 showing the
date of birth of the victim as 25.08.2003 upon asking by police
and the same person namely Prabhakar Bharti (P.W.9) was the
Principal of the School issued another document i.e. Ex.D/4 dated
22.07.2019 upon the request of the defense, wherein the date of
birth of the victim had been shown as 25.08.2001. There is a
serious conflict between these two documents issued under same
authority and by the same person. The said P.W.-9 Prabhakar
Bharti was not present when the victim got admission in the
School, rather he was not able to explain as to who filled the
admission form and on what basis the date of birth was mentioned
in the admission form and the scholar register. It is contended that
in view of the serious incongruity in between two documents
(3 of 5) [SOSA-861/2023]
which are of vital importance in this case is the plea of defense
wholly and mainly depends upon the said document and the
sanctity of which is under cloud. Therefore, it would not be safe to
place reliance on Ex.P/14. Lastly, it is submitted that the petitioner
is behind the bars since long and hearing of the appeal would
likely to take time, therefore during the pendency of the appeal,
his sentence may be suspended.
5. Considering the submission advanced on behalf of the
appellant and after going through the statement of the victim and
the evidence i.e. oral and documentary, with regard to her age
proof, this Court is of the opinion that it is a fit case for
suspending the substantive 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
substantive sentence passed by the learned Special Judge, POCSO
Act Cases, 2012 and Child Protection Act, 2005, Rajsamand, vide
judgment dated 25.05.2023 in Sessions Case No.55/2019 against
the appellant-applicant Dhanna Singh S/o Sultan Singh, shall
remain suspended till final disposal of the aforesaid appeal and he
shall be released on bail subject to deposit the fine amount as
imposed by the learned trial Court, 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 14.09.2023 and whenever ordered
(4 of 5) [SOSA-861/2023]
to do so till the disposal of the appeal on the conditions indicated
below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
4. Appellant shall deposit the fine amount as
imposed by the learned trial Court.
7. The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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 applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
8. Before parting, it is deemed appropriate to direct the
Secretary / Director, Education Department to initiate an enquiry
with regard to the conduct of P.W.-9 Prabhakar Bharti, the then
Principal, Government Higher Secondary Shool, Kheempura,
Masuda, District Ajmer, with regard to the discrepancy in respect
of the above referred two documents issued by him; one on
22.07.2019 and another on 07.09.2019 (Ex.D/4 & Ex.P/14
(5 of 5) [SOSA-861/2023]
respectively). It shall be taken into account that based on his
certificate and statement, a boy can be sent to jail for his entire
life.
9. It is expected from the Secretary / Director that he shall
appoint an enquiry officer in this regard within next thirty days of
the receipt of this order with the direction to the enquiry officer to
conduct and complete the enquiry within next ninety days. In the
meantime, the errant shall be kept away from his place of posting.
10. A copy of this order shall be sent to the Secretary/Director,
Education Department, Government of Rajasthan, Jaipur/Bikaner.
11. Let the matter be listed again in the third week of January,
2024 to see the compliance of this order.
(FARJAND ALI),J
74-Mamta/-
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