Rajasthan High Court
Lokesh Son Of Shri Girraj vs State Of Rajasthan on 17 February, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
278/2023
In
S.B. Criminal Appeal No. 2555/2022
Lokesh Son Of Shri Girraj, Resident Of Bhadangpura, Police
Station Sapotra, District Karauli (Rajasthan) (Presently Confined
In Jail At Karauli )
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rajneesh Gupta
For Respondent(s) : Mr. B.L. Nasuna, PP
Ms. Simran Bhati
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/02/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 21.11.2022 passed by
learned Special Judge, POCSO Act cum Commission for Protection
of Child Right Act, 2005, Karauli whereby the accused appellant
has been convicted for the offence punishable under sections 366,
376(2)(n) and 363 IPC and Section 5(l)/6 of POCSO Act and has
been sentenced to maximum twenty years rigorous imprisonment
along with fine of Rs. 1,00,000/- for the offence punishable under
Section 5(l)/6 of POCSO Act.
(2 of 3) [SOSA-278/2023]
Learned counsel for the accused-appellant submits that from
the circumstances, a safe inference of consent can easily be
drawn. It is submitted that as many as 124 calls were exchanged
in between them; he raised numerous arguments with a view to
dispute the age of the victim.
Learned Public Prosecutor and counsel for the complainant
vehemently opposes the prayer made by learned counsel for the
accused-appellant on the ground the victim is minor and was
subjected to rape.
The accused-appellant is behind the bars and the hearing of
appeal is likely to take further more time, therefore, considering
the overall submissions and 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.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, POCSO Act cum
Commission for Protection of Child Right Act, 2005, Karauli, vide
judgment dated 21.11.2022 in Sessions Case No. 02/2022 against
the appellant-applicant Lokesh Son Of Shri Girraj 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 their appearance in this
(3 of 3) [SOSA-278/2023]
court on 22.03.2023 and whenever ordered 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.
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-applicants 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 applicants 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
PREETI VALECHA /60
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