Mukesh Son Of Shri Surajmal vs State Of Rajasthan
2023 Latest Caselaw 2459 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence No. 64/2023

                                        In

               S.B. Criminal Appeal No. 1913/2021

Mukesh Son Of Shri Surajmal, Resident Of Nahrikala, Police
Station Chouth Ka Barwara District Sawaimadhopur, At Present
In Central Jail, Bharatpur
                                                                       ----Appellant
                                    Versus
State Of Rajasthan, Through The Pp
                                                                 ----Respondent

For Appellant(s) : Ms. Rajanti, mother of the appellant Mr. Mahendra Kumar Bairwa, brother of the appellant For Respondent(s) : Mr. Laxman Meena, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

28/02/2023

Lawyers are abstaining from appearance before the Court.

Heard mother of the appellant and learned Public Prosecutor

on the application for suspension of sentence and perused the

judgment impugned dated 15.09.2021 passed by learned Special

Judge, POCSO ACt, 2012, Sawaimadhopur whereby the accused

appellant has been convicted and sentenced to suffer maximum

punishment of twenty years rigorous imprisonment with fine of

Rs50,000/- under Section 3/4 of POCSO Act and lesser

punishment for other offence under Section 376(3) of IPC.

A perusal of the statement of PW-11 'G' who is victim of this

case reveals that there were consensual sexual relationship

(2 of 3) [SOSA-64/2023]

between her and the appellant. Incidentally, on 14.05.2020 they

were seen by her brother in a compromising situation which led to

launch the prosecution against the appellant. Even the witness

PW-11 does not know her date of birth which is clearly mentioned

in the primary part of her statement. The father of the victim,

Hukum Chand is an illiterate person which is very much reflecting

from the admission form and other memo on which his thumb

impressions are appended.

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,

Sawaimadhopur, vide judgment dated 15.09.2021 in Sessions

Case No. 14/2020 against the appellant-applicant Mukesh Son Of

Shri Surajmal 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 court on 10.04.2023 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

(3 of 3) [SOSA-64/2023]

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/27

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