Sunil S/O Shri Rampratap vs State Of Rajasthan
2023 Latest Caselaw 594 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

    S.B. Criminal Misc. Application for Suspension of Sentence
                          No.1570/2022
                                 in
               S.B. Criminal Appeal No. 2405/2022

Sunil S/o Shri Rampratap, R/o Toran P.s. Sultanpur, Dist. Kota
Rural (Presently Confined At Central Jail Kota)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Appellant(s)          :    Mr. Amit Dadhich
For Respondent(s)         :    Mr. S.S. Mahla, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

17/01/2023

Heard learned counsel for the accused-appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 17.11.2022 passed by

Special Judge, POCSO Act Cases, No.3, Kota (Rajasthan) in

Sessions Case No.72/2021 (CIS No.226/2021) whereby the

accused-appellant has been convicted for the offence punishable

under Section(s) 7/8 of POCSO Act, 2012 and has been sentenced

with maximum of four years rigorous imprisonment along with fine

of Rs. 5,000/-.

Learned counsel for the accused-appellant submits that the

trial court has grossly erred in convicting and sentencing the

accused-appellant. It is submitted on behalf of the appellant that

there was no intent to outrage the modesty of the victim rather it

was a simple scuffle on a very trivial issue. He was on bail during

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the entire course of the trial but the liberty was never misused.

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

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, POCSO Act Cases,

No.3, Kota vide judgment dated 17.11.2022 in Sessions Case

No.72/2021 against the appellant-applicant- Sunil S/o Shri

Rampratap, 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

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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

SAHIL SONI /62

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