Rajasthan High Court
Opendra Singh @ Upendra Singh S/O Mohan ... vs State Of Rajasthan (2024:Rj-Jp:42729) on 9 October, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:42729]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1917/2023
In
S.B. Criminal Appeal No.3338/2023
Opendra Singh @ Upendra Singh S/o Mohan Singh, R/o Bandali
Dhani Tan Rasnali, Thana Bansoor, District Alwar, Rajasthan.
(Presently Accused-Appellant Is Confined In District Jail Alwar,
District Alwar, Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Roshan Lal Saini S/o Matadeen Saini, R/o Bandali Dhani
Tan Rasnali Police Thana Bansoor District Bhiwari
Rajasthan
----Respondents
For Petitioner(s) : Mr. Ravi Shankar Sharma
Mr. Pawan Sharma
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
09/10/2024
1. Heard learned counsel for the applicant-appellant and
learned State counsel on the application for suspension of
execution of sentence.
2. The applicant-appellant herein h as been convicted for the
offences punishable under Sections 363 & 506 of IPC and Section
3/4 of Protection of Children from Sexual Offence Act, 2012 vide
judgment dated 12.09.2023 passed by learned Special Judge,
Protection of Children from Sexual Offences Act, 2012 & Child
[2024:RJ-JP:42729] (2 of 5) [SOSA-1917/2023]
Right Protection Commission Act, 2005, No.2, Alwar (Raj.) in
Sessions Case No.17/2021 (118/2020) and has been sentenced to
maximum punishment of twenty years.
3. Learned counsel for the appellant-applicant submits that
appellant-applicant has wrongly been convicted by the learned
trial Court. Counsel submits that learned trial Court has failed to
appreciate the evidence available on record in correct perspective.
Counsel submits that at initially, in FIR there was allegations
against three persons of committing anal intercourse with the
victim but later on, victim changed his version and levelled
allegations only against the appellant-applicant of committing anal
intercourse. Counsel submits that when in medical examination,
no evidence of anal intercourse was found, victim changed his
version in the Court and levelled allegation of oral sex against the
appellant. Counsel submits that it is evident from the testimony of
the complainant that there is land dispute between the appellant
and the complainant and it was admitted by the complainant that
his land is in possession of the appellant and appellant is making
pressure upon him to compromise the matter. Counsel submits
that allegations of the victim are not supported by medical
evidence as no sign of sexual assault was found on the body of
the victim. Counsel submits that during trial, appellant was on bail
and he did not misuse the liberty of bail. Counsel further submits
that appellant has suffered incarceration of 1 year and 7 months
till date and there is no immediate prospect of this appeal being
heard and disposed of in near future.
[2024:RJ-JP:42729] (3 of 5) [SOSA-1917/2023]
4. Learned State counsel opposes the submissions made by
counsel for the appellant. He submits that there is allegation
against the appellant of anal intercourse with the victim. However,
he fairly conceded the fact that in medical examination, no sign of
anal intercourse was found. He further submits that complainant
of this case has duly been informed about this application for
suspension of execution of sentence, but despite information, no
one has put in appearance on behalf of the complainant.
5. Upon a consideration of the arguments advanced on behalf
of counsel for the appellant and learned State Counsel and having
regard to the facts and circumstances as available on the record
and especially the fact that it appears from the evidence that
different statements have been made by the victim against the
appellant at different stages of trial; allegations of the victim are
not corroborated by the medical evidence; admission of the
complainant with regard to the land dispute; during trial appellant
was on bail and he did not misuse the liberty of bail; appellant has
suffered incarceration of 1 year and 7 months including remission
and there is no immediate prospect of this appeal being heard and
disposed of in near future, this Court is of the opinion that the
appellant has available to him strong grounds to assail the
impugned judgment of conviction and sentence. Thus, it is a fit
case for suspending the sentences awarded to the applicant-
appellant during pendency of the instant appeal.
6. Accordingly, the application for suspension of sentence filed
under Section 389 of Cr.PC is allowed and it is ordered that the
[2024:RJ-JP:42729] (4 of 5) [SOSA-1917/2023]
sentences passed by the learned Special Judge, Protection of
Children from Sexual Offences Act, 2012 & Child Right Protection
Commission Act, 2005, No.2, Alwar (Raj.) vide judgment dated
12.09.2023 in Sessions Case No.17/2021 (118/2020) against the
appellant-applicant Opendra Singh @ Upendra Singh S/o
Mohan Singh 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 his appearance in this court on 11.11.2024 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 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 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
[2024:RJ-JP:42729] (5 of 5) [SOSA-1917/2023]
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.
(ANIL KUMAR UPMAN),J
LALIT MOHAN /199
Powered by TCPDF (www.tcpdf.org)
