Rajasthan High Court
Xxx (Imaginary Name ) vs State Of Rajasthan (2024:Rj-Jp:42854) on 10 October, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:42854]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 833/2024
In
S.B. Criminal Appeal No.3513/2023
Xxx (Imaginary Name ), Aged About 21 Years, (Resident Of
Victim Village/ Neighbor) (At Present Confined In Central Jail,
Ajmer)
----Petitioner
Versus
1. State Of Rajasthan, Through Its PP
2. Xxx, R/o
----Respondents
For Petitioner(s) : Mr. Vinay Pal Yadav
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
10/10/2024
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, 366, 376 & 342 of IPC
and Section 3/4 of Protection of Children from Sexual Offence Act,
2012 vide judgment dated 21.11.2023 passed by learned Special
Judge, Protection of Children from Sexual Offences Act, 2012 &
Commission for Protection of Child Rights Act, 2005, No.1, Ajmer
(Raj.) in Sessions Case No.29/2023 and has been sentenced to
maximum punishment of ten years.
[2024:RJ-JP:42854] (2 of 4) [SOSA-833/2024]
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 the time of alleged incident, victim was at
the verge of majority (about 17 years and 5 months). Counsel
submits that at initial, in her statement under Section 161 Cr.PC ,
it was clearly mentioned that by victim that her parents wanted to
marry her against her wish so she left the parental home on her
own will with the appellant. Counsel submits that at the time of
alleged incident, appellant was also aged about 21 years. Counsel
submits that there is not evidence available on record suggesting
that at any point of time, actual age was disclosed by the victim to
the appellant. 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 about one
year and nine months till date and there is no immediate prospect
of this appeal being heard and disposed of in near future.
4. Learned State counsel opposes the submissions made by
counsel for the appellant. He submits that victim was below 18
years. He further submits that victim/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
[2024:RJ-JP:42854] (3 of 4) [SOSA-833/2024]
and especially the fact that at the time of alleged incident, victim
was at the verge of majority and appellant was also 21 years old;
victim left her parental home on her own will; during trial
appellant was on bail; appellant has suffered incarceration of one
year and nine months till date, 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 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, Protection of
Children from Sexual Offences Act & Commission for Protection of
Child Rights Act, 2005, No.1, Ajmer (Raj.) vide judgment dated
21.11.2023 in Sessions Case No.29/2023 against the appellant-
applicant Xxx (Imaginary Name ) 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 12.11.2024 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
[2024:RJ-JP:42854] (4 of 4) [SOSA-833/2024]
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
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 /65
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