Rajasthan High Court - Jodhpur
Puran Ram @ Pawan Kumar vs State Of Rajasthan on 27 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:26134]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 776/2025
In
S.B. Criminal Appeal No.1519/2024
Puran Ram @ Pawan Kumar S/o Shri Jora Ram, Aged About 33
Years, R/o Chak 4 Sjm (Shekhda), Police Station Rawla, Dist.
Sriganganagar (Raj.) (At Present Lodged In Central Jail,
Sriganganagar)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Barkat Khan S/o Ranjhe Khan, R/o Chak 4 Sjm
(Shekhda), Police Station Rawla, Dist. Sriganganagar
(Raj.)
----Respondents
For Petitioner(s) : Mr. Rajesh Saharan
For Respondent(s) : Mr. Sharavan Singh Rathore, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
23/05/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
26.07.2024 passed by the learned Special Judge POCSO Act Cases
No1, Sri Ganganagar in Sessions Case No.23/2021 whereby he
was convicted under Sections 5(l)/6 & 3/4 of the POCSO Act and
Section 376 (2) (n), 376 (3)of the IPC and sentenced to suffer
twenty years' RI along with a fine of Rs.1,00,000/- and in default
to further undergo three months' RI and for lesser offence under
Sections 363 & 366 of the IPC.
[2025:RJ-JD:26134] (2 of 4) [SOSA-776/2025]
2. It is contended by the learned counsel for the appellant that
the learned trial Judge has not appreciated 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. The
appellant-applicant is in jail since 24.11.2020 and hearing of the
appeal is likely to take long time, therefore, the application for
suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the accused-
applicant for releasing the appellant on application for suspension
of sentence.
4. Despite service of notice, no one appeared to represent the
victim. Heard learned counsel for the parties and perused the
material available on record.
5. I have carefully examined the record of the case, particularly the
statements of the prosecutrix, her family members, and other relatives.
The victim (PW1) stated that she was subjected to rape by three
accused appellants--Pawan Kumar @Puran Ram, Jagpreet Singh, and
Mohd. Janah @ Paniya Khan, however, the trial court acquitted two of
the accused, Mohd. Janah @ Paniya, but on the same set of charge,
only the appellant was convicted.
5.1. This Court is of the opinion that the segregation and
bifurcation and selective reliance adopted by the learned trial
court requires fresh scrutiny by this Court, being the first appellate
court. During the trial, the victim consistently reiterated the
allegation of rape committed by three individuals, yet the trial
court chose to rely upon her testimony only to the extent of
[2025:RJ-JD:26134] (3 of 4) [SOSA-776/2025]
convicting the appellant. This selective acceptance of evidence
raises a serious question that warrants re-appreciation, especially
as the appeal is likely to take considerable time for disposal.
hearing of the appeal would likely to take a long time, this court is
of the opinion that it is a fit case for suspending the sentence
awarded to the accused-appellant.
6. 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 trial court, the details of which are
provided in the first para of this order, against the appellant-
applicant named above 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 26.06.2025 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-
[2025:RJ-JD:26134] (4 of 4) [SOSA-776/2025]
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.
(FARJAND ALI),J
119-Mamta/-
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