Rajasthan High Court
Conflicted With Law Juvenile ... vs State Of Rajasthan ... on 3 February, 2023
Bench: Ashutosh Kumar
[2023/RJJP/001615]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Application for Suspension of Sentence
No.571/2022
In
S.B. Criminal Revision Petition No. 1918/2022
Juvenile Son Of Shri Mahaveersingh, Aged About 14 Years,
Resident Of Neem Ki Basai Police Station Kotwali Dholpur At
Present Sangam Bihari Colony, Dholpur District Dholpur (Raj)
Through His Natural Guardian Father Mahaveer Singh Son Of
Shri Badan Singh Resident Of Basai Neem Dholpur (Raj) (At
Present Confined In Special Remand Home, Dholpur)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Dushyant Jain
For Respondent(s) : Mr. B.S. Sharma, PP and
Mr. Sanjay Khan for
Mr. Bhanu Pratap Singh
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
03/02/2023
Heard learned counsels for the parties on the application
filed for suspension of sentence and perused the entire material
available on record.
Learned counsel for the applicant-juvenile has contended
that the juvenile has been convicted and sentenced for the
offences punishable under Sections 363, 366, 376, 506 IPC and
Section 3/4 of POCSO Act. The juvenile is in Observation Home,
Dholpur since 01.07.2021 and after conviction since 27.07.2022,
he is in Special Home, Bharatpur. Therefore, the juvenile is in
[2023/RJJP/001615] (2 of 3) [CRLR-1918/2022]
Observation Home and Special Home for a long time. Therefore,
his sentence should be suspended till decision of the revision
petition.
On the other hand, learned Public Prosecutor as well as
learned counsel for the complainant have opposed the prayer
regarding suspension of sentence. The juvenile, who was at the
time of the incident, of the age of 14 years and 10 months has
been convicted for the offences punishable under Sections 363,
366, 376, 506 IPC and Section 3/4 of POCSO Act and has been
punished for a period of three yeas to remain in Special Home.
The sentence awarded by the Juvenile Justice Board has been
confirmed in appeal by the appellate Court vide order dated
19.10.2022 against this revision petition has been filed.
I have considered the submissions made by the learned
counsels for the parties. The applicant-juvenile was convicted and
sentenced for the offences under Sections 363, 366, 376, 506 IPC
and Section 3/4 of POCSO Act. The applicant-juvenile preferred
regular appeal which was disposed of by the Special Judge,
POCSO Act, Dholpur as Criminal Appeal No.18/2022 vide
judgment dated 19.10.2022 by which the learned Appellate Court
has upheld the judgment and sentence passed by the learned trial
Court. Learned counsel for applicant-juvenile submits that
applicant-juvenile was on bail during trial as well as during
pendency of appeal and presently he is in Special Home.
Without commenting upon the merits of the case, I deem it
just and proper to suspend the sentence awarded to the juvenile.
[2023/RJJP/001615] (3 of 3) [CRLR-1918/2022]
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence awarded by the
learned trial Court and affirmed by the learned appellate Court
against the applicant-juvenile namely, Juvenile Son Of Shri
Mahaveersingh in the matter shall remain suspended during
pendency of petition and he shall be released on bail, provided,
father of the juvenile furnishes a personal bond in the sum of
Rs.50,000/- along with one surety in the sum of Rs.50,000/- each
to the satisfaction of the learned trial Court with the stipulation
that he shall appear before this court on 3rd March, 2023 and
thereafter as and when called upon to do so.
(ASHUTOSH KUMAR),J
MADAN/3
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