Yudveer Singh @ Yaduveer @ Bhoora ... vs State Of Rajasthan
2023 Latest Caselaw 513 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                          No. 1032/2022
                                       In
               S.B. Criminal Appeal No. 1613/2022

Yudveer Singh @ Yaduveer @ Bhoora S/o Satveer, R/o Nangla
Deshwal, P.s. Deeg District Bharatpur (Rajasthan) (Presently
Confined In Central Jail, Alwar)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Appellant(s) : Mr. N.A. Naqvi, Senior Advocate with Mr. S.A. Naqvi and Mr. H.A. Khan For Respondent(s) : Mr. S.S. Mahla, PP Mr. D.C. Sharma

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/01/2023

Heard learned counsel for the accused appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 02.08.2022 passed by

learned Special Judge, POCSO Act 2012 and Commission for Child

Rights Act 2055 No.4, Alwar whereby the accused appellant has

been convicted for the offence punishable under sections 5(l)/6 of

POCSO Act and Sections 366 and 363 IPC and has been sentenced

to 20 years rigorous imprisonment along with fine of Rs. 20,000/-

in default of payment of fine, further one year imprisonment.

Learned counsel for the accused-appellants submits that a

false case has been foisted against the appellant, although the

(2 of 4) [SOSA-1032/2022]

victim did not want to prosecute the appellant but under the

threat coercion and pressure of her parents, a false case came to

be lodged. It is contended that, at her own free will and volition

the prosecutrix left the house of her parents on 23.08.2020 in a

very clandestine manner and joined the company of the appellant

and then they both eloped/ They were apprehended on

30.10.2022 by the police and in initial inquiry, her statement

under Section 161 Cr.P.C. got recorded which is tendered as

evidence in Exhibit-D1. In portion A to B, C to D, E to F and G to

H, she categorically stated that no rape was committed upon her

by the appellant. Exhibit D2 is a hand written report which further

fortified the contention of the appellant that victim was not

desirous to prosecute the appellant and no offence is made out as

alleged in her court statement. On 30.10.2020 when her

statement was recorded ans she submitted a report Exhibit D2 to

the police, her custody was handed over to her parents on the

same day and thereafter she was prompted, tutored and

pampered to make allegations of rape against the appellant. It is

submitted that the documents submitted by the prosecution to

show her date of birth are not a sacrosanct piece of evidence and

several questions have been raised with regard to the sanctity of

these document. He further drew attention of this Court towards

Ex.D-28, the transcript of the conversation exchanged in between

the appellant and the mother of the prosecutrix and thus submits

that he has a strong arguable case in his favor but hearing of

appeal may take long time. He submits that during trial, the

appellant was on bail.

(3 of 4) [SOSA-1032/2022]

Learned Public Prosecutor and learned counsel for the

complainant vehemently opposed 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 2012

and Commission for Child Rights Act 2055 No.4, Alwar, vide

judgment dated 02.08.2022 in Sessions Case No. 20/2021 against

the appellant-applicant Yudveer Singh @ Yaduveer @ Bhoora S/o

Satveer 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 17.02.2023 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

(4 of 4) [SOSA-1032/2022]

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 /173

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