Jagdish Narayan S/O Bhorilal ... vs State Of Rajasthan
2023 Latest Caselaw 332 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

   S.B. Criminal Misc. Suspension of Sentence Application No.
                           1038/2020
                                       In
                S.B. Criminal Appeal No. 1431/2020

Jagdish Narayan S/o Bhorilal Bairwa, Aged About 34 Years, R/o
Haripura Ki Dhani, Ward No. 23, Town Chaksu, Distt. Jaipur. (At
Present Confined In Central Jail Jaipur)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

Connected With S.B. Criminal Misc. Suspension of Sentence Application No. 1099/2020 In S.B. Criminal Appeal (Sb) No. 389/2020 Salim Khan S/o Shri Idu Khan, Aged About 26 Years, R/o Ward No. 17, Nagouri Mohalla, Kasba Chaksu, Distt Jaipur At Prersent At Central Jail Jaipur.

----Appellant Versus State Of Rajasthan, Through P.p.

                                                                ----Respondent


For Appellant(s)          :    Mr. A.S. Devanda
                               Mr. Amit Punia
For Respondent(s)         :    Mr. S.S. Mahla, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

11/01/2023

Heard learned counsel for the accused appellants and

learned Public Prosecutor on the application for suspension of

(2 of 4) [SOSA-1038/2020]

sentence and perused the judgment impugned dated 17.01.2020

passed by learned Special Judge, POCSO Act, No.5, Jaipur

Metropolitan whereby the accused appellants have been convicted

for the offence punishable under sections 376D, 363, 366A of IPC

and have been sentenced to maximum twenty years rigorous

imprisonment along with fine of Rs. 2,00,000/- and in default of

payment of fine six months simple imprisonment.

Learned counsel for the accused-appellants submits that a

false case has been foisted against the appellants with an ulterior

object. The manner in which the prosecutrix has changed her

version, makes her an unreliable witness and therefore basing

conviction on the same would not be safe. It is urged that during

investigation when the girl was examined under Section 164

Cr.P.C., she levelled allegation of committing rape by four persons;

the present two appellants Jagdish and Salim and the other

persons were Islam and Saddam but when she was examined

before the Court, in her own oath statement she resiled from the

allegations regarding aforesaid persons Islam and Saddam and

shifted her allegation towards the appellants Jagdish and Salim.

he thus further submits that the prosecutrix has lost credibility by

making retracting and switching the allegations and therefore

judgment pf conviction is not sustainable in the eye of law. The

appellants are behind the bars since long and is sentence is not

suspended, the very purpose of the application would be

frustrated.

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-appellants.

The accused-appellant is behind the bars and the hearing of

appeal is likely to take further more time, therefore, considering

(3 of 4) [SOSA-1038/2020]

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 appeals, this court is of the opinion that it is a fit case for

suspending the sentence awarded to the accused appellants.

Accordingly, the applications for suspension of sentence filed

under Section 389 Cr.P.C. are allowed and it is ordered that the

sentences passed by the learned Special Judge, POCSO Act, No.5,

Jaipur Metropolitan, vide judgment dated 17.01.2020 in Sessions

Case No.55/2018 against the appellant-applicants Jagdish Narayan

S/o Bhorilal Bairwa and Salim Khan S/o Shri Idu Khan shall

remain suspended till final disposal of the aforesaid appeals and

they shall be released on bail provided each of them 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 14.02.2023 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.

(4 of 4) [SOSA-1038/2020]

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 /53-54

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