Rajasthan High Court
Rahul Son Of Chhote Lal 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.
1629/2022
In
S.B. Criminal Appeal No. 2497/2022
Rahul Son Of Chhote Lal, Resident Of Holipura, Police Station,
Wah, District Agra (U.p). (Presently Confined In Jail At Dholpur).
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. Arpit Srivastava
For Respondent(s) : Mr. B.L. Nasuna, PP
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 22.11.2022 passed by
learned Special Judge, POCSO Act, 2012 cum Commission for
Protection of Child Rights Act, 2005, Dholpur whereby the accused
appellant has been convicted for the offence punishable under
sections 3/4(2) of POCSO Act and Section 363 and 366 IPC and
has been sentenced to maximum 10 years rigorous imprisonment
along with fine of Rs.50,000/- for the offence punishable under
Section 3/4(2) of POCSO Act.
Learned counsel for the accused-appellant submits that it is
reflecting from the bare perusal of the Ex.p7, the statement
(2 of 3) [SOSA-1629/2022]
recorded under Section 164 Cr.P.C. that the victim was in good
relation with the appellant. On 25.02.2019, she made a call to the
appellant to take her whereupon both made the elopement. She
lived in for long 17 days with the appellant at different places. It is
also stated that she solemnized marriage with the appellant in
Ahemdabad. As regards the age of the victim, numerous pleas
have been raised which are to be required to be considered again.
The appellant was on bail during the trial and hearing of appeal
would take considerable time.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
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, 2012
cum Commission for Protection of Child Rights Act, 2005, Dholpur,
vide judgment dated 22.11.2022 in Sessions Case No. 37/2019
against the appellant-applicant Rahul Son Of Chhote Lal 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
(3 of 3) [SOSA-1629/2022]
the satisfaction of the learned trial Judge for their appearance in
this 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 /59
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