Rajasthan High Court
Lokesh Son Of Ramdayal vs State Of Rajasthan on 12 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.1249/2022
In
S.B. Criminal Appeal No. 1899/2022
Lokesh Son Of Ramdayal, Aged About 24 Years, Resident Of
Village Iteda Police Station Laxmangarh, District Alwar
(Rajasthan) (At Present The Accused Petitioner Is Confined In
The Central Jail, Alwar)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Manish Gupta, Adv.
For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
12/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 13.09.2022 passed by
learned Special Judge, POCSO Act cases No.3, Alwar in Sessions
Case No.90/2019 whereby the accused appellant has been
convicted for the offence punishable under section 344 of IPC and
has been sentenced to maximum three years rigorous
imprisonment along with fine of Rs.500/-; under section 366 of
IPC and has been sentenced to maximum five years rigorous
imprisonment along with fine of Rs.5000; under section 376(2)(n)
of IPC and has been sentenced to maximum ten years rigorous
imprisonment along with fine of Rs.5000/-; under section 376(3)
of IPC and has been sentenced to maximum twenty years rigorous
(2 of 3) [CRLAS-1899/2022]
imprisonment along with fine of Rs.10,000/-; under section 5(L)/6
of POCSO Act as well as and has been sentenced to maximum ten
years rigorous imprisonment along with fine of Rs.5000/-.
Learned counsel for the accused-appellant submits that the
prosecutrix and her parents have not supported the case rather
they have turned hostile. Learned trial Court, on the basis of false
assumption that they had been won over by the defence,
convicted the accused-appellant on the basis of scientific expert
report. Learned counsel further submits that neither the report is
a sacrosanct piece of evidence nor the possibility of defect and
error in collecting the samples be ruled out. The trial would take
long time to conclude. Therefore, the application for suspension of
sentence may be granted.
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 cases
No.3, Alwar, vide judgment dated 13.09.2022 in Sessions Case
No.90/2019 against the appellant-applicant Lokesh Son Of
Ramdayal shall remain suspended till final disposal of the
(3 of 3) [CRLAS-1899/2022]
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 15.02.2023 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(s) 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(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
Ashwani/-83
Powered by TCPDF (www.tcpdf.org)
