Rajasthan High Court
Anil Kumar S/O Ramcharan vs State Of Rajasthan on 10 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Cr. Misc. Suspension of Sentence Application No.1286/2021
IN
S.B. Criminal Appeal No. 2055/2021
Anil Kumar S/o Ramcharan, Aged About 25 Years, Resident Of
Bhurawali Thana Suroath District Karauli Rajasthan Presently
Bayana Road, Suroth, District Karauli (Presently At District Jail
Karauli)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Mukesh Kumar Goyal
For Respondent(s) : Mr. Mangal Singh Saini, 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 24.11.2021 passed by
Special Judge Protection of Children from Sexual Offences Act
2012 and Child Right Protection Commission Act 2005, Karauli, in
Criminal Sessions Case No.57/2019 (CIS No.57/2019) whereby
the accused-appellant has been convicted for the offence
punishable under Sections 5/363, 366 & 376 of I.P.C. and Section
5/6 of Protection of Children from Sexual Offence Act, 2012 has
been sentenced with maximum of 10 years rigorous imprisonment
along with fine of Rs. 50,000/-.
(2 of 4) [SOSA-1286/2021]
Learned counsel for the accused-appellant submits that no
offence as alleged by the victim (PW-2) is made out. It is
manifesting from bare perusal of her statement that she left her
parents' house in the odd hours of 28.06.2019 and joined the
association of the appellant. At that time, there was no fear, threat
or coercion upon her and thereafter, both went different public
places using public transport but nowhere any hue and cry was
raised. Thus, a safe inference of consent can easily be drawn. As
regards the age of the prosecutrix, it is contended that no
documents from the first school attended her were collected by
the agency or produced in the trial. The copy of scholar register
Ex-B2/29 belongs to her admission in class-6th. No endeavor has
been made to tender the document in evidence regarding her
birth certificate or any other document from the admission form
from when she was first taken for admission in nursery or first
class. He submits that the documents produced in this case by the
prosecution to establish that the age of the girl was below 18
years are not a sacrosanct piece of evidence. He has a strong
arguable case in his favour. He is behind the bars since three and
a half years. Therefore, the application for suspension of sentence
may be granted.
Learned Public Prosecutor has vehemently opposed the
prayer made by learned counsel for the accused-appellant.
Considering the overall submissions of the parties 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
(3 of 4) [SOSA-1286/2021]
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
sentence passed by the learned Special Judge, Protection of
Children from Sexual Offences Act 2012 and Child Right Protection
Commission Act 2005, Karauli vide judgment dated 24.11.2021 in
Sessions Case No.57/2019 against the appellant-applicant- Anil
Kumar S/o Ramcharan 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 13.02.2023 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the applicant changes the place of
residence, he will give in writing his 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 in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
(4 of 4) [SOSA-1286/2021]
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case, the said
accused-applicant 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
Keshav/39
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