Devi Lal vs State Of Rajasthan ...
2023 Latest Caselaw 8827 Raj

[2023:RJ-JD:36638]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1331/2023

Devi Lal S/o Govind Ram, Aged About 34 Years, 19 Rb P.S. Gajsinghpur Dist. Sriganganagar. (At Present Lodged In Central Jail, Sri Ganganagar).

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Vikas Kumar Bishnoi for Mr. Rakesh Matoria For Respondent(s) : Mr. S.K. Bhati, PP Mr. Jayant Joshi

HON'BLE MR. JUSTICE FARJAND ALI

Order

30/10/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 11.08.2023 passed by learned Special Judge, POCSO

Act Cases, No.2, Shri Ganganagar in Sessions Case

No.198/2021 (CIS No.12/2019) whereby the appellant was

convicted and sentenced to suffer maximum punishment of

10 years rigorous imprisonment along with compensation

fine of Rs.50,000/- under Section 5(L)/(6) of POCSO Act and

lesser punishment for the other offence punishable under

Section 363 and 366-A of the IPC.

2. It is contended 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,

[2023:RJ-JD:36638] (2 of 3) [SOSA-1331/2023]

therefore, the same is required to be appreciated again by

this court being the first appellate Court. Hearing of the

appeal is likely to take long time, therefore, the application

for suspension of sentence may be granted.

3. Per contra, learned Public Prosecutor as well as learned

counsel for the complainant have vehemently opposed the

prayer made by learned counsel for the accused-applicant for

releasing the appellant on application for suspension of

sentence.

4. Heard learned counsel for the petitioner, learned Public

Prosecutor as well as learned counsel for the complainant

parties and perused the material available on record.

5. After going through the record of the case more particularly

the statement of the victim Ms. 'S' and after considering the

statement recorded under Section 161 of the Cr.P.C. dated

08.11.2018 which is marked as Ex.D-2 wherein the victim

has candidly admitted and categorically stated that she had

gone with the petitioner of her own free will and volition and

he had not done anything wrong to her. It is not

comprehensible that what was the reason for which the girl

was examined again after 10 days in which she made

allegation of committing rape. Taking into account the

totality of facts and circumstances of the case, more

particularly the facts that 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

[2023:RJ-JD:36638] (3 of 3) [SOSA-1331/2023]

Court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused-appellant.

6. 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

Cases, No.2, Shri Ganganagar in Sessions Case No.198/2021

(CIS No.12/2019) against the appellant-applicant Devi Lal

S/o Govind Ram 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 30.11.2023 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

113-Ashutosh/-

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