Jeeta Ram @ Ashok vs State Of Rajasthan ...
2023 Latest Caselaw 7199 Raj

Citation : 2023 Latest Caselaw 7199 Raj
Judgement Date : 14 September, 2023

Rajasthan High Court - Jodhpur

Jeeta Ram @ Ashok vs State Of Rajasthan ... on 14 September, 2023

Bench: Farjand Ali

[2023:RJ-JD:29587]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 451/2023

Jeeta Ram @ Ashok S/o Sh. Babu Lal, Aged About 19 Years, B/c Meghwal R/o Vill. Tadwa Ps Tehsil And Dist. Jalore Raj. (Lodged In Dist. Jail Jalore)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Nathu Singh, S/O Sh. Madan Singh, Caste- Rajput, R/O Village- Ratuja, Police Station and Tehsil-Sayla, District- Jalore (Raj.)

----Respondent

For Petitioner : Mr. Pradeep Kumar Shah For Respondent : Mr. S.S. Rajpurohit, P.P.

For Complainant                 Mr. Hukum Singh Chouhan



                HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

14/09/2023

1. Heard on application for suspension of sentence.

2. The instant application for suspension of sentence has been

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

28.04.2023 passed by the learned Special Judge, Protection of

Children from Sexual Offences Act Cases, Jalore in Sessions Case

No.62/2021 (CIS No.62/2021) whereby he was convicted and

sentenced to suffer maximum imprisonment of twenty years along

with a fine of Rs.25,000/- under Section 3/4 of POCSO Act and

lesser punishment for the other offences under Sections 363 and

366-A of IPC.

[2023:RJ-JD:29587] (2 of 4) [SOSA-451/2023]

3. It is contended on behalf of the applicant that the learned

trial Judge did not appreciate 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. Learned Public Prosecutor and learned counsel for the

complainant Shri Hukam Singh Chouhan vehemently oppose the

the prayer made on behalf of the accused-applicant for releasing

the appellant on application for suspension of sentence and submit

that it is a case of penetrative sexual assault over a girl below the

age of 18 years, therefore, he is not entitled to be released on

bail.

5. Heard learned counsel for the parties and perused the

material available on record.

6. P.W.-3 (R), who is the victim of the case, candidly admits in

her examination-in-chief that she went with the appellant at her

own free will and volition; she even denies any possibility of

coercion or duress. She used public transport viz. rickshaw, bus

etc. She was confronted with her previous statement marked as

Ex.-D/5, wherein it is stated that she frequently used to talk with

the appellant before the date of her elopement. On one day, she

made a call to the appellant and told him that she did not want to

live anymore and called him to take her with him and thereafter,

[2023:RJ-JD:29587] (3 of 4) [SOSA-451/2023]

they eloped. She rules out any possibility of forceful fornication.

Though, there is the transfer certificate (Ex.-P/8) showing her date

of birth as 01.06.2006, but her father P.W.-1 Nathu Singh candidly

admits in his examination that he got married around 20 years

back and at the time of his marriage, he was around 21 years old

and the victim was begotten by his wife after three years of their

wedlock. He further admits that no birth certificate or any record

or endorsement was made with regard to her date of birth and at

the time of admitting her in school, the date of birth, inclusive of

the other details of the admission form, were filled by the school

Headmaster. In this view of the matter, the submission made by

learned counsel Shri Pradeep Kumar Shah seems to be worth

considering that it cannot be said with utmost certainty that at the

relevant point of time, she was below the age of 18 years.

7. Be that as it may, any finding or observation in this regard at

this stage may put serious dent over the merit of the case yet

considering the overall facts and circumstances of the case, this

Court deems it appropriate to allow the application for suspension

of sentence. Hearing of the appeal would likely to take a long

time. The appeal has already been admitted.

8. 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, Protection of Children

from Sexual Offences Act Cases, Jalore who passed the impugned

order dated 28.04.2023 in Sessions Case No.62/2021 (CIS

No.62/2021) against the appellant-applicant- Jeeta Ram @

[2023:RJ-JD:29587] (4 of 4) [SOSA-451/2023]

Ashok S/o Sh. Babu Lal 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.