Rajasthan High Court
Rajan @ Nembu Lal Son Of Shyam Lal vs State Of Rajasthan (2024:Rj-Jp:40215) on 21 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:40215]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 457/2024
IN
S.B. Criminal Appeal No.549/2024
Rajan @ Nembu Lal Son Of Shyam Lal, Aged About 25 Years,
Resident Of Maraila Allipur P/s Khodare District Gonda (Uttar
Pradesh) At Present Tenant At Hakku Colony, Boda Market,
Chaupanaki, District Alwar (Rajasthan) (At Present Central Jail,
Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Abhimanyu Singh Yaduvanshi
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
21/09/2024
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 the
offences punishable under Sections 363 and 376AB of IPC &
Section 5(m)/6 of POCSO Act vide judgment dated 25.01.2024
passed by learned Special Judge, Protection of Children from
Sexual Offences Act & Commission for Protection of Child Rights
Act, 2005, No.3, Alwar, (Raj.) in Sessions Case No.55/2023 and
has been sentenced to maximum punishment of twenty years.
[2024:RJ-JP:40215] (2 of 4) [SOSA-457/2024]
3. Learned counsel for the applicant submits that learned trial
court has erred in convicting and sentencing the applicant as
mentioned above. Learned trial court has not appreciated the
evidence in right and correct perspective. Counsel submits that on
the basis of false allegation, case was instituted against the
appellant. He submits that prosecution witnesses, including victim
and her parents have not supported the prosecution case. It is
submitted that in examination-in-chief of the victim, she levelled
allegation against the appellant that he inserted his finger in her
private part however, in her cross-examination, she clearly denied
this allegation. It is submitted that when she was medically
examined, her hymen was found intact and there was no bleeding,
only one linear scratch was found on 'Labia Minora' of the victim
but same could be from falling down. Counsel further submits that
no other medical evidence is available on record against the
appellant. 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 in examination-in-
chief of the victim, she has levelled specific allegation against the
appellant. However, he fairly concedes that victim has denied the
allegation in her cross-examination and her parents have also not
supported the allegation. He further submits that
complainant/victim of this case has duly been informed about
hearing of this appeal as well as application for suspension of
execution of sentence.
[2024:RJ-JP:40215] (3 of 4) [SOSA-457/2024]
5. Despite information no one has put in appearance on behalf
of complainant/victim.
6. 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 prosecution
witnesses including victim and her parents have not supported the
prosecution case and no allegation has been levelled by the victim
in her cross-examination and so also considering the fact that her
hymen was found intact and there was no bleeding, only one
linear scratch was found on 'Labia Minora' and same could be from
falling down; hearing of appeal will take long time, but without
making any comment on the 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.
7. 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.3, Alwar, (Raj.) vide judgment dated
25.01.2024 in Sessions Case No.55/2023 against the appellant-
applicant Rajan @ Nembu Lal Son Of Shyam 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
[2024:RJ-JP:40215] (4 of 4) [SOSA-457/2024]
satisfaction of the learned trial Judge for his appearance in this
court on 23.10.2024 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.
8. 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 /65
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