Rajasthan High Court
Dillu @ Dilkhush S/O Shri ... vs State Of Rajasthan on 28 February, 2023
Bench: Farjand Ali
[2023/RJJP/003464]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.1080/2022
In
S.B. Criminal Appeal No. 844/2022
Dillu @ Dilkhush S/o Shri Satynarain, R/o Raikheda, Katar, Police
Station Khandar, District Sawai Madhopur (At Present Confined
In Central Jail Sewar, Bharatpur)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Ms. Meeta, mother of appellant,
present in person
For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
28/02/2023
Lawyers are abstaining from appearing before the Court.
Heard Ms. Meeta, present in person and learned Public
Prosecutor on the application for suspension of sentence and
perused the judgment impugned dated 28.04.2022 passed in
Session Case No.58/2020 passed by learned Special Court, POCSO
Act, Sawai Madhopur whereby the accused appellant has been
convicted and sentenced to suffer maximum punishment of twenty
years rigorous imprisonment with fine of Rs.50,000/- under
Section 5(l)/6 of POCSO and lesser punishment for other offence
under Sections 363 & 366 I.P.C. and under Sections 7/8 & 11/12
of POCSO Act.
[2023/RJJP/003464] (2 of 3) [SOSA-1080/2022]
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
A perusal of the statement of victim PW-5 'A' reveals that she
joined the company of the appellant at her own free will and
volition. Without there being any compulsion, they used public
ways, public transport and public places, but no alarm was raised
by her. Even at one point of time, she was left at a temple and the
appellant went to take some food etc. for her and returned back
after a long time thus, consent is writ large. As far as the question
of age of the victim is concerned, several arguments have been
raised in this regard, in the memo of appeal.
I have also gone through the documents available on record.
The father of the victim is an illiterate person and his thumb
impression is appended on the admission form thus, the possibility
that the age of the victim was mentioned, cannot be ruled out.
The appellant has a strong arguable case in his favour, 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 Court, POCSO Act, Sawai
Madhopur, vide judgment dated 28.04.2022 in Session Case
No.58/2020 against the appellant-applicant-Dillu @ Dilkhush
S/o Shri Satynarain shall remain suspended till final disposal of
[2023/RJJP/003464] (3 of 3) [SOSA-1080/2022]
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:-
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
RAJAT/32
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