Rajasthan High Court - Jodhpur
Om Prakash vs State Of Rajasthan on 29 November, 2023
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 150/2023
Om Prakash S/o Sh. Bheru Lal Ji, Aged About 33 Years, B/c
Regar, R/o Nandwai, P.s. Parsoli, Dist. Chittorgarh, Raj. (At
Present Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.K. Charan
For Respondent(s) : Mr. R.R. Chhaparwal, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
29/11/2023
Heard learned counsel for the parties on the application for
suspension of sentence.
The instant application for suspension of sentence has been
preferred by the appellant-applicant, who has been convicted and
sentenced by the learned Additional Sessions Judge, Begu, District
Chittorgarh vide judgment dated 17.01.2023 in Sessions Case
No.130/2021 (21/2019). The appellant-applicant has been
sentenced as under :-
Offence U/s Sentence Fine Sentence in default of
payment of fine
452 I.P.C. Seven Years' Rs. 10,000/- Six Months' S.I.
Simple
Imprisonment
(2 of 4) [SOSA-150/2023]
376 I.P.C. Life Rs.500000/- Three Years' SI
Imprisonment
Learned counsel for the appellant-applicant has argued that
the trial court has grossly erred in convicting and sentencing the
appellant-applicant. It is argued that the appellant-applicant was
not known to Sushila (PW-1), on whose instance the FIR has been
lodged. It is submitted that Sushila (PW-1), in her court
statement, has specifically stated that the appellant-applicant was
not known to her and his identity was disclosed by Rameshwar
(PW-4). It is further submitted that Rameshwar (PW-4), in his
court statement, has stated that he did not disclose identity of the
appellant-applicant to Sushila (PW-1). It is also submitted that
from the statement of Dr. Vandana Dhakar (PW-9), it can be
concluded that there was no evidence of sexual assault upon the
victim. Learned counsel has further submitted that there are
several contradictions in the statements of the prosecution
witnesses namely Sushila (PW-1), Barji (PW-2) and Kanwar Lal
(PW-3), however, the trial court has not taken into consideration
the said contradictions and has wrongly convicted and sentenced
the appellant-applicant. It is further submitted that appellant-
applicant is in jail since 24.10.2018 and, as such, he has
undergone around 5 years of sentence till date and hearing of the
appeal is likely to take time. It is, thus, prayed that sentence
awarded to the appellant-applicant by the trial court be
suspended.
Learned Public Prosecutor has opposed this application for
suspension of sentence.
(3 of 4) [SOSA-150/2023]
Taking into consideration the overall facts and circumstances
of the case and without commenting on the merits of the case, we
are inclined to suspend the sentence awarded to the appellant-
applicant.
Accordingly, this application for suspension of sentence filed
under Sec.389 Cr.P.C. is allowed and it is ordered that the
sentence passed by the learned Additional Sessions Judge, Begu,
District Chittorgarh vide judgment dated 17.01.2023 in Sessions
Case No.130/2021 (21/2019) against appellant-applicant Om
Prakash S/o Sh. Bheru Lal Ji shall remain suspended till final
disposal of the appeal, 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 11.01.2024 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 appellant 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,
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-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
(4 of 4) [SOSA-150/2023]
appellant 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-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MUNNURI LAXMAN),J (VIJAY BISHNOI),J
58-poonamS/-
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