Dayaram S/O Gayarsi Ram vs State Of Rajasthan
2023 Latest Caselaw 1893 Raj/2

[2023/RJJP/002310]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

    S.B. Criminal Misc. Suspension of Sentence Application No.
                            112/2023
                                           in
                     S.B. Criminal Appeal No. 849/2021

Dayaram S/o Gayarsi Ram, Aged About 35 Years, R/o Bhonra
Police Station Simliya, District Kota (Raj) (At Present Confined In
Central Jail Kota)
                                                                      ----Appellant
                                       Versus
State Of Rajasthan, Through P.P
                                                                    ----Respondent

For Appellant(s)             :     Mr. Govind Prasad Rawat
For Respondent(s)            :     Mr. B.L. Nasuna, PP



                HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

09/02/2023

Heard learned counsel for the accused-appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 15.02.2021 passed by

Special Judge, POCSO Act No.3, Kota in Sessions Case No.

41/2018 (CIS No.425/2018) whereby the accused-appellant has

been convicted for the offence punishable under Section 376(2)(i)

(n) IPC and has been sentenced with maximum of fourteen years

rigorous imprisonment along with fine of Rs. 25,000/-.

Learned counsel for the accused-appellant submits that in

initial allegations as many as 4 accused persons were implicated

for the alleged crime. The name of accused Raju @ Rajendra was

not named in the statement recorded during investigation and

[2023/RJJP/002310] (2 of 3) [CRLAS-849/2021]

there was no mention regarding his involvement in alleged act of

rape but after improving materially, when the victim was

examined in the trial as PW/3, she made allegation of committing

rape upon her against accused Raju @ Rajendra also along with

the present appellant. In this view of the matter, learned counsel

submits that the deviations and discrepancies as well as infirmities

appearing in the statement of the prosecutrix make her an

unreliable witness and therefore, it would won't be safe to convict

the accused appellant on the basis of such tainted evidence. He

has a strong arguable case in his favour but hearing of the appeal

may take long time to conclude. Therefore, the application for

suspension of sentence may be granted.

Learned Public Prosecutor has vehemently opposed the

prayer made by learned counsel for the accused-appellant for

releasing the appellant on bail.

Considering the overall submissions of the parties and

looking to the totality of facts and circumstances of the case more

particularly the fact that the sentence of the co-accused Raju @

Rajendra has been suspended 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.

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 the learned Special Judge, POCSO Act No.3,

Kota vide judgment dated 15.02.2021 in Sessions Case

No.41/2018 (CIS No.425/2018) against the appellant-applicant-

[2023/RJJP/002310] (3 of 3) [CRLAS-849/2021]

Dayaram S/o Gayarsi 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 13.03.2023

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 address(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was 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 does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(FARJAND ALI),J

Pcg/61

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