Rajasthan High Court
Surendra @ Sonu Son Of Chhotulal vs State Of Rajasthan on 17 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Application for Suspension of Sentence
No.268/2022
in
S.B. Criminal Appeal No. 382/2022
Surendra @ Sonu Son Of Chhotulal, Aged About 27 Years, R/o
Ward No. 25, Ganesh Coloni Ramganjmandi P.s. Ramganjmandi
District Kota Raj (At Present Confined At Central Jail, Kota)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Abdul Rahim Khan
For Respondent(s) : Mr. M.S. Saini, 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 03.03.2022 passed by
Special Judge, POCSO Act Cases, No.4, Kota in Sessions Case
No.713/2018 (CIS No.713/2018) whereby the accused-appellant
has been convicted for the offence punishable under Section(s)
5(L)/6 of POCSO Act, 2012 and has been sentenced with
maximum of fourteen years rigorous imprisonment along with fine
of Rs. 14,000/-.
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
the girl eloped with the appellant with her own free will and
(2 of 4) [SOSA-268/2022]
volition without there being any compulsion. She lived with him
for more than 21 days, went to the public places and used public
transports but no hue and cry was made or any assistance was
sought from anybody, therefore, the element of consent is easily
inferable from the facts and circumstances of the case. Learned
counsel drew attention of this Court towards the Exhibit; P-2, the
statement of the victim recorded under Section 164 Cr.P.C.
wherein she candidly admits that she used to talk with the
appellant and was in love with him and one day, her father scolded
her owing to the reason that she used to talk with him
clandestinely. Serious doubts have been raised over the sanctity of
the document Exhibits; 10-A & 11-A, which were produced by the
prosecution to establish the fact that the girl was below 18 years
of age. It can be seen from the naked eyes that a clear
interpolation has been made on the admission form wherein the
date of birth i.e. 20.06.2000 has been changed as 20.06.2002.
The same thing is done on Exhibit; P-11-A, the copy of the Scholar
Register. In this view of the matter and the provision contained
under Section 386 Cr.P.C. as well as the judgment passed by
Hon'ble the Supreme Court in the case of The State of Gujarat
v. Bhalchandra Laxmishankar Dave, [(2021) 2 SCC 735], the
entire evidence is required to be appreciated again. He was on bail
during 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.
(3 of 4) [SOSA-268/2022]
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.4, Kota vide judgment dated 03.03.2022 in Sessions Case
No.713/2018 against the appellant-applicant- Surendra @ Sonu
Son Of Chhotulal, 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 20.02.2023 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.
(4 of 4) [SOSA-268/2022]
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
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
SAHIL SONI /31
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