Dharmu vs State Of Rajasthan ...
2023 Latest Caselaw 7197 Raj

[2023:RJ-JD:29630]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 772/2023

Dharmu S/o Dalu, Aged About 26 Years, R/o Mojawaton Ka Guda, Police Station Charbhuja, District Rajsamand (Rajasthan) (Presently Confined In District Jail, Rajsamand)

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

----Respondent

For Petitioner(s) : Mr. Jagatveer Singh For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

14/09/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 07.07.2023 passed by learned Special Judge (POCSO

Act and Child Rights Protection Commission Act, Rajsamand

in Sessions Case No.45/2019 (CIS No.45/2019) whereby he

was convicted and sentenced to suffer maximum punishment

of 10 years rigorous imprisonment along with compensation

fine of Rs.10,000/- under Section 376(2)(n) of the IPC and

lesser punishment for the other offence punishable under

Section 363 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,

therefore, the same is required to be appreciated again by

[2023:RJ-JD:29630] (2 of 4) [SOSA-772/2023]

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 has 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 parties and perused the

material available on record.

5. Ex.P-8 is the statement of the victim 'G' recorded under

Section 164 of the Cr.P.C. by a Judicial Magistrate revealing

that she was married to one Udai Singh and she lived with

him around 1 and ½ month but owing to his bad habits she

did not like her and came back to her matrimonial home.

She states that the appellant Dharmu was her neighbor and

she fell in love with him. When their relationship got

exposed, they were condemned by the family members and

thereafter they used to exchange talks telephonically and

one fine morning, they eloped together. When she was

examined in the trial as PW-8, she made several admissions

in cross examination which goes into the root of the case.

The incongruencies appearing in her testimony and the

major contradiction found therein are making a good case in

favour of the appellant. He was on bail during the trial. The

appeal has already been admitted. In this background and

more particularly considering the facts that hearing of appeal

is likely to take further more time and the overall

submissions while refraining from passing any comments on

[2023:RJ-JD:29630] (3 of 4) [SOSA-772/2023]

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 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

and Child Rights Protection Commission Act, Rajsamand in

Sessions Case No.45/2019 (CIS No.45/2019) against the

appellant-applicant Dharmu S/o Dalu 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 16.10.2023 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.

7. The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be

[2023:RJ-JD:29630] (4 of 4) [SOSA-772/2023]

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 50-Pramod/-

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