Vipul Kumar vs State Of Rajasthan
2023 Latest Caselaw 3888 Raj

[2023/RJJD/013138]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1279/2022

IN

S.B. Criminal Appeal No. 2110/2022

Vipul Kumar S/o Shri Prakash Kumar Suyara, Aged About 25 Years, R/o Village- Ud, Ps Barloot, Dist. Sirohi. At Present Street No. 7, Takariya, Sirohi (Rajasthan). (Appellant Is In Central Jail, Jodhpur).

                                                                      ----Appellant
                                       Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Appellant(s)             :     Mr. Shambhoo Singh
For Respondent(s)            :     Mr. Gaurav Singh, PP



               HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

02/05/2023

1. The instant application for suspension of sentence has been

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

22.11.2022 passed by the learned Special Judge, POCSO Act and

Child Rights Protection Commission Act 2005, Sirohi in Special

Sessions Case No.29/2021(CIS No. 29/2021) whereby he was

convicted and sentenced to suffer maximum imprisonment of 20

years rigorous imprisonment under Section 5(l)/6 of POCSO Act

and in alternative Section 376(2)(n) of IPC.

2. Learned counsel for the accused-appellant submits that the

trial court has grossly erred in convicting and sentencing the

accused-appellant. He submits that there has been an inordinate

[2023/RJJD/013138] (2 of 4) [SOSA-1279/2022]

delay in lodging of the FIR for which no satisfactory explanation

has been furnished, therefore, the possibility of embellishment

and false implication cannot be ruled out regarding the manner in

which the incident has been taken place as there is a delay of 6

months in lodging of the FIR. When the FIR was lodged, she had

attained majority. The admissions made by the victim in cross

examination further casts a serious doubt over her credence, she

candidly admitted that she was friends with the appellant from the

last 4 years and used to exchange calls with him on the phone

given to her by him. He further submits that even if the

allegations made by the victim in her deposition may be taken as

it is, it would be manifested that she was all over a consenting

party. Therefore, the application for suspension of sentence may

be granted.

3. Per contra, learned Public Prosecutor has vehemently

opposed the prayer made on behalf of the learned counsel for the

applicant for releasing the applicant-appellant on application for

suspension of sentence.

4. Heard and perused the material available on record.

5. The significant admissions made by her in cross-

examination, more particularly, in respect of the exchange of

conversations through phone as well as the delay in lodging of the

FIR persuaded this court to allow the application for suspension of

sentence.

6. Considering the submissions advanced at bar 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

[2023/RJJD/013138] (3 of 4) [SOSA-1279/2022]

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.

7. 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 and

Child Rights Protection Commission Act 2005, Sirohi in Special

Sessions Case No.29/2021(CIS No. 29/2021) against the

appellant-applicant- Vipul Kumar S/o Shri Prakash Kumar

Suyara, 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 05.06.2023 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.

[2023/RJJD/013138] (4 of 4) [SOSA-1279/2022]

8. 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 10-Ashutosh/-

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