Vinod Kumar vs State Of Rajasthan
2023 Latest Caselaw 2526 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 81/2023 In S.B. Criminal Appeal No.135/2023

Vinod Kumar S/o Sh. Rajkumar @ Raju, Aged About 23 Years, Chak Badal Ps Lalgarh Jattan Dist. Sri Ganganagar. (Presently Lodged In Dist. Jail, Sriganganagar).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Dharmpal S/o Sh. Nikkuram, W.no. 1, Badal, Sadulshahar Ps Lalgarh, Dist. Sriganganagar.

                                             ----Respondents


For Petitioner(s)        :     Mr. V.K. Bhadu
For Respondent(s)        :     Mr. javed Gauri, P.P.



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

28/03/2023

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

06.09.2022 passed by the learned Special Judge, POCSO Act,

No.2, Sri Ganganagar in Criminal Sessions Case No.120/2021

whereby he was convicted and sentenced to suffer rigorous

imprisonment of five years along with a fine of Rs.10,000/- under

Section 9(M)/10 of POCSO Act.

It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this court being the first appellate Court.

(2 of 3) [SOSA-81/2023]

Hearing of the appeal is likely to take long time, therefore, the

application for suspension of sentence may be granted.

Learned counsel for the appellant drew the Court's attention

towards the fact that the statement of P.W. 1., the victim who

categorically admits in her cross examination, wherein she replied

that she was in slumber and the fact of appellant's entering in her

room and going back was not within her knowledge and she

disclosed this fact under the instruction of her Mosi. As per her,

she went to sleep on 2.00 P.M. and woke up at 3.00 P.M. and she

was not known of the fact that when the accused came there and

went back.

In this view of the matter, learned counsel for the appellant

submits that the statement of a child witness is scrutinized to be

very cautiously and every possibility of tutoring and prompting,

must be ruled out. But here, in this case, a perusal of her

statement reveals that she was tutored, prompted or pampered to

give statement against the appellant.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the appellant on application for suspension of sentence.

Heard and perused the material available on record.

Looking to the totality of facts and circumstances of the case,

the hearing of appeal is likely to take further more time and

considering the overall submissions 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

(3 of 3) [SOSA-81/2023]

the appeal and the submission made by learned counsel for the

appellant seems to be worth considerable and therefore, I inclined

to allow the application for suspension of sentence.

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 learned Special Judge, POCSO Act, No.2, Sri

Ganganagar who passed the impugned order dated 06.09.2022 in

Criminal Sessions Case No.120/2021 against the appellant-

applicant-Vinod Kumar S/o Sh. Rajkumar @ Raju 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 28.04.2023 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.

(FARJAND ALI),J 96-divya/-

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