Allowed

Lichu Ram @ Laxman v. State

Rajasthan HC4 Oct 2018SOSA/1072/2018

Case brief

AI extract

What is this about?

The High Court suspended the substantive sentence awarded to the appellant in an appeal against conviction for sexual assault. The appellant was granted bail on bond with direct report to trial court, conditioned upon appearing there regularly.

What did the court decide?

Suspension of substantive sentence with bail on bond of Rs.50,000/- and two sureties of Rs.25,000/- each, subject to conditions of appearance.

Lichu Ram @ Laxman Vs State — Rajasthan HC (2018) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Suspension Of Sentence(Appeal) No. 1072/2018

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Lichu Ram @ Laxman S/o Kalu Ram, Aged About 25 Years, B/c Jat, R/o Ghamodwali Police Thana Ghamudwali Dist. Sri Ganganagar (Lodged In Central Jail, Sri Ganganagar)

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Rajesh Bhati, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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04/10/2018

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Heard learned counsel for the parties on the application

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for suspension of sentence.

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Learned counsel for the applicant-appellant has argued that the complaint regarding sexual assault by the victim was filed after three months. It is submitted that in the said complaint initially three persons, including the applicant-appellant, were named in which allegation of sexual assault was also made against one Chetram. It is submitted that later on statement of victim was recorded under Section 164 Cr.P.C. in which also the victimhas named Chetram. It is submitted that as matter of fact, the prosecutrix, in her statement, has specifically stated that Chetram has also committed rape with her. It is submitted that the police has not filed charge sheet against Chetram but has filed the charge sheet against the accused-appellant and Vinod Kumar.

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(2 of 3)

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[SOSA-1072/2018]

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It is further submitted that unfortunately during the course of the trial the victim died and her court statement could not be recorded before the trial court, however, the trial court while relying solely upon the statement of victim recorded, under Section 164 Cr.P.C., has convicted the applicant-appellant and Vinod Kumar. It is submitted that there is no conclusive evidence against the applicant-appellant and he has falsely been implicated in this case. It is also submitted that prosecution witnesses, particularly the relatives of the victim, have not given any statement against Chetram as they have entered into a compromise with him and has falsely implicated the applicantappellant, who is poor labourer. It is also submitted that the applicant-appellant is in jail since 7.5.2015 whereas hearing of the appeal will take time.

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Learned counsel for the applicant-appellant has submitted that suspension of sentence against the co-accused Vinod Kumar has already suspended by this Court on 26.9.2018.

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Learned Public Prosecutor has opposed the application for suspension of sentence.

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Having considered the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.

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Accordingly, the bail application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 21.8.2017 in Case No.60/2015 (57/2015) against appellant Lichu Ram @ Laxman S/o Kalu Ram shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in the

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(3 of 3)

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[SOSA-1072/2018]

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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 12.11.2018 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the appellant 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.

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Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellant 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 appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(VIJAY BISHNOI),J

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Babulal/140

Lichu Ram @ Laxman v. State

Case brief

What is this about?

What did the court decide?

Lichu Ram @ Laxman v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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