Dinesh vs State Of Rajasthan ...
2023 Latest Caselaw 4835 Raj

[2023/RJJD/016197]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 338/2023

In S.B. Criminal Appea No.344/2023

Dinesh S/o Dhaniya, Aged About 21 Years, Sojal Falla Dunglai, Nithauwa P.s., Dist. Dungarpur. (Confined In Central Jail, Udaipur).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Ishwar S/o Shri Somaji Katara Meena, R/o Indora Dovera Ps Dist. Dungarpur

----Respondents

For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. Mohd. Javed Gauri, PP Mr. Dinesh Bishnoi for complainant

HON'BLE MR. JUSTICE FARJAND ALI

Order

18/05/2023

1. The instant application for suspension of sentence has been

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

13.02.2023 passed by the learned Special Judge of POCSO Act

Cases, 2012 and Commission for Protection of Child Rights Act,

Dungarpur in Sessions Case No.60/2021 whereby he was

convicted and sentenced to suffer maximum imprisonment of

twenty years' rigorous imprisonment along with a fine of

Rs.50,000/- under Sections 376(2) and 376(3) of the IPC and

under Section 5/6 of POCSO Act.

[2023/RJJD/016197] (2 of 3) [SOSA-338/2023]

2. The victim of the case has been examined in trial as PW-1

and she turned hostile and the learned trial court acquitted the

accused from the charges under Section 363, 366, 344 of the IPC

and on the same set of evidence convicted him for the offence of

rape. There appears reasonable grounds on which, if the appellant

succeeds in appeal, he may get acquittal.

3. 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. He

was on bail during trial and did not misuse the liberty so granted

to him; hearing of the appeal is likely to take long time, therefore,

the application for suspension of sentence may be granted.

4. 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.

5. Heard learned counsel for the parties and perused the

material available on record.

6. Looking to the totality of facts and circumstances of the

case, more particularly the facts that the accused-appellants was

on bail during the course of trial and 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 the appeal, this court is of the opinion

[2023/RJJD/016197] (3 of 3) [SOSA-338/2023]

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 learned Special Judge of POCSO Act, 2012 and

Commission for Protection of Child Rights Act, 2005, Dungerpur

who passed the impugned order 13.02.2023 in Sessions Case

No.60/2021 against the appellant-applicant- Dinesh S/o

Dhaniya, shall remain suspended till final disposal of the

aforesaid appeal and he shall be released on bail provided he

execute 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 their appearance in this court on 20.06.2023 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

1. That they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicants change the place of residence, they will give in writing their changed addresses to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 317-Hanuman/-

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