Rajasthan High Court
Vikas Dadhich @ Golu Son Of Shri ... vs State Of Rajasthan on 10 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No. 53/2023
In
S.B. Criminal Appeal (Sb) No. 48/2023
Vikas Dadhich @ Golu Son Of Shri Nand Kishor, Aged About 24
Years, R/o Village Chhipada P.s. Digod Kota Rural (At Present
Confined At Central Jail Kota)
----Appellant
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. A.K. Khan
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 22.12.2022 passed by
learned Special Judge, POCSO Act No.3, Kota whereby the
accused appellants have been convicted for the offence punishable
under sections 341 and 323 IPC, 7/8 and 11/12 of POCSO Act and
has been sentenced to maximum five years rigorous imprisonment
along with fine of Rs. 5,000/- and in default of payment of fine, he
shall further undergo on month RI.
Learned counsel for the accused-appellant submits that the
dispute arose in between the parties in a spur of moment on
account of some trivial issue but owing to inimical relationship, a
new story has been cooked up and the FIR got lodged but with
exaggerated version of the incident. Yet there is no allegation that
(2 of 3) [CRLAS-53/2023]
the appellant was having any criminal intent to outrage the
modesty of the victim. It was a simple scuffle in between the
parties which has been given a color of sexual offence. The
appellant was on bail during the course of trial and never misused
the liberty granted in his favor. He kept himself available on every
date and even on the date of sentence and conviction. he assures
that he shall be abided by any condition imposed upon him by this
Court if bail is granted to him. Being the first appellate court, this
Court is required to make a de novo re-appreciation of evidence as
pertained by Hon'ble the Supreme Court in the cases of the State
of Gujarat versus Bhalchandra Laxmishankar Dave AIR
2021 SC 718.
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 No.3,
Kota, vide judgment dated 22.12.2022 in Sessions Case No.
20/2021 against the appellant-applicant Vikas Dadhich @ Golu
Son Of Shri Nand Kishor shall remain suspended till final disposal
of the aforesaid appeal and he shall be released on bail provided
(3 of 3) [CRLAS-53/2023]
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 13.02.2023 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.
(FARJAND ALI),J
PREETI VALECHA /74
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