Rajasthan High Court
Saddam S/O Naheem Babu vs State Of Rajasthan on 5 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
512/2022
In
S.B. Criminal Appeal No. 722/2022
Saddam S/o Naheem Babu, R/o Village Khaspuriya Police Station
Nainwa District Bundi, Presently R/o House No. F-1073, J.d.a.
Colony, Govindpura, Police Station Sanganer Sadar, Jaipur (At
Present Confined In Central Jail, Jaipur)
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. B.P. Sharma
For Respondent(s) : Mr. M.S. Saini, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 25.04.2022 passed by
learned Special Judge, POCSO Act, 2012, No.1, Jaipur
Metropolitan-1st whereby the accused appellant has been
convicted for the offence punishable under sections 366 IPC and
Section 3/4 of POCSO Act and has been sentenced to maximum
ten years rigorous imprisonment along with fine of Rs.10,000/- in
default of payment of fine six month simple imprisonment.
Learned counsel for the accused-appellant submits that from
the circumstances appearing in this case, a safe inference of
consent can easily be drawn. Learned trial Court has failed to
(2 of 3) [SOSA-512/2022]
appreciate the evidence brought on record. He further asserts that
the prosecutrix eloped with the appellant at her own free will and
volition without there being any compulsion. The significant
discrepancy appearing in the case of the prosecution has been
pointed out regarding the manner in which she left the house and
the other relevant aspects. As far as the question of age of the
prosecutrix is concerned, learned counsel raises serious doubt
over the sanctity of the documents produced by the prosecution
and while drawing the attention of this Court towards other
documents pertaining to the prosecutrix wherein date of birth is
mentioned, learned counsel submits that it cannot be said with
utmost certainty that at the relevant point of time, she was below
18 years. It is submitted that appellant has strong arguable case.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
The accused-appellant was on bail during the trial and
presently 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,
No.1, Jaipur Metropolitan-1st, vide judgment dated 25.04.2022 in
Sessions Case No. 10/2020 against the appellant-applicant
(3 of 3) [SOSA-512/2022]
Saddam S/o Naheem Babu 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
08.02.2023 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 /36
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