Jai Kishan Meena Son Of Shri ... vs State Of Rajasthan
2023 Latest Caselaw 599 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

      S.B. Criminal Misc. Application for Suspension of Sentence
                            No.1084/2022
                                   in
                 S.B. Criminal Appeal No. 1666/2022

Jai Kishan Meena Son Of Shri Harsahay Meena, Aged About 34
Years, Resident Of Village Padli Khurd, Police Station Todabhim
District Karauli At Present Tenant In The House Of Shri Sunil
Soni, Shiv Vistar Moti Bandha, Machda, Police Station Harmada,
District Jaipur (West) At Present Lodged In The Central Jail,
Jaipur
                                                                       ----Appellant
                                     Versus
State Of Rajasthan, Through The Public Prosecutor
                                                                  ----Respondent

For Appellant(s)           :    Mr. Ashvin Garg
For Respondent(s)          :    Mr. Riyasat Ali, 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 06.08.2022 passed by

Special Judge, POCSO Act Cases, No.2, Jaipur Metropolitan-II,

Jaipur in Sessions Case No.134/2020 (CIS No.94/2019) whereby

the accused-appellant has been convicted for the offence

punishable under Section(s) 365 & 376 IPC and has been

sentenced with maximum of twenty years rigorous imprisonment

along with fine of Rs. 1,00,000/-.

(2 of 3) [SOSA-1084/2022]

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 element of consent is easily inferable from the statement of

the prosecutrix and the other relevant material. She is a major girl

aged of 22 years. She admits in her statement recorded under

Section 164 Cr.P.C. that the appellant was her neighbour. She has

not levelled any allegation when she was examined under Section

161 Cr.P.C. and thus, the material improvement has been made in

her own statement. 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.

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.2, Jaipur Metropolitan-II, Jaipur vide judgment dated

06.08.2022 in Sessions Case No.134/2020 (CIS No.94/2019)

against the appellant-applicant- Jai Kishan Meena Son Of Shri

Harsahay Meena, shall remain suspended till final disposal of the

(3 of 3) [SOSA-1084/2022]

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 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.

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 /40

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