Rajasthan High Court
Vijesh Kumar S/O Shri Chandralal vs State Of Rajasthan (2024:Rj-Jp:37900) on 6 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:37900]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1138/2024
IN
S.B. Criminal Appeal No.677/2022
Vijesh Kumar S/o Shri Chandralal, Resident Of Gelana Police
Station Pirawa District Jhalawar (Raj) (At Present Confined In
Central Jail Kota )
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Govind Prasad Rawat
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
06/09/2024
1. Heard learned counsel for the applicant-appellant and
learned Public Prosecutor on the application for suspension of
execution of sentence. Perused the material available on record.
2. The applicant-appellant herein has been convicted for offence
under Section 342, 376(3) of IPC vide judgment dated 15.03.2022
passed by learned Special Judge, Protection of Children from
Sexual Offences Act & Commission for Protection of Children Act,
No. 2 Jhalawar, (Raj.) in Sessions Case No.34/2019 (48/2019) and
has been sentenced to maximum punishment of twenty years.
3. Learned counsel for the applicant submits that learned trial
court has erred in convicting and sentencing the applicant as
[2024:RJ-JP:37900] (2 of 4) [SOSA-1138/2024]
mentioned above. Learned trial court has not appreciated the
evidence in right and correct perspective. Counsel submits that
the matter was reported to the Police after four days of the
alleged incident for which no explanation is available on record. He
submits that there is no medical corroboration of the allegations
levelled by the prosecutrix as neither semen was detected from
vaginal swab and vaginal smear slide of her nor any sign of sexual
assault was found on the body of the prosecutrix . Counsel submits
that the appellant is in custody since 28.03.2019 as per custody
certificate, appellant-applicant has suffered a period of
incarceration of about 5 years & nine months including remission.
He argues that there is no immediate prospect of early hearing
and disposal of the appeal.
4. Learned Public Prosecutor opposes submissions made by the
learned counsel for appellant. He submits that the at the time of
alleged incident, prosecutrix was aged about 15 years but fairly
concedes that appellant has suffered period of incarceration of
about 5 years & nine months including remission.
5. Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
as available on the record, especially the fact that there is no
medical corroboration of the allegations levelled by the prosecutrix
as neither semen was detected from vaginal swab and vaginal
smear slide of her nor any sign of sexual assault was found on the
body of the prosecutrix; appellant has suffered a period of
incarceration of about 5 years & nine months & hearing of appeal
will take long time, but without making any comment on the
[2024:RJ-JP:37900] (3 of 4) [SOSA-1138/2024]
merits/demerits of the case, 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 accused
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
Children Act, No. 2 Jhalawar, (Raj.) vide judgment dated
15.03.2022 in Sessions Case No.34/2019 (48/2019) against the
appellant-applicant Vijesh Kumar S/o Shri Chandralal 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 10.10.2024 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),
he will give in writing their changed address to the
trial Court.
[2024:RJ-JP:37900] (4 of 4) [SOSA-1138/2024]
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
GAUTAM JAIN /95
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