Rajasthan High Court
Vijay S/O Harisingh vs State Of Rajasthan on 28 February, 2023
Bench: Farjand Ali
[2023/RJJP/003478]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Cr. Misc. Suspension of Sentence Appl. No. 936/2021
in
S.B. Criminal Appeal No. 1516/2021
Vijay S/o Harisingh, Aged About 21 Years, R/o Beriya Khedi
Mohanpura P.s. Suthaliya District Rajgarh M.p At Present Jhuggi
Jhopri Sarvdharm Mohalla Sector-B, Bhopal P.s. Kolar District
Bhopal M.p (At Present Confined At Central Jail, Kota)
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. Anil Brother of the appellant
present in person.
For Respondent(s) : Mr. Arvind Kumar, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
28/02/2023
Lawyers are abstaining from appearing before the Court.
Heard 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 No. 2.
Kota, whereby the accused appellant has been convicted and
sentenced to suffer maximum punishment of 14 years rigorous
imprisonment with fine of Rs.25,000/ under Section 5(L)/6 of
POCSO Act and lesser punishment for other offence under Section
363 and 366 of IPC.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
[2023/RJJP/003478] (2 of 3) [SOSA-936/2021]
The Victim S when examined under Section 164 Cr.P.C. has
stated that she used to be treated cruelly by her parents and she
was married with a drunken person, the said document is marked
as P/7. She lived for a considerable long time with the appellant,
thus, a safe inference of consent can easily be drawn. There are
several discrepancies and grounds raised with regard to the age of
the victim.
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 No. 2.
Kota, vide judgment dated 15.09.2021 in Sessions Case
No.473/2018 against the appellant-applicant-Vijay S/o Harisingh
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 28.03.2023 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
[2023/RJJP/003478] (3 of 3) [SOSA-936/2021]
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
Pcg/73
Powered by TCPDF (www.tcpdf.org)
