Allowed

Ramrai @ Rairam @ Rajaram S/O Shyogi Ram v. State of Rajasthan

Rajasthan HC15 Dec 2021SOSA/1027/2020

Case brief

AI extract

What is this about?

In a suspended sentence application, this Court allowed the appellant to remain on bail pending disposal of his criminal appeal under the POCSO Act, requiring a bond and sureties, without interrogating the trial merits.

What did the court decide?

Application for suspension of sentence allowed; accused released on bail with specific bond and surety requirements pending appeal disposal.

Ramrai @ Rairam @ Rajaram S/O Shyogi Ram Vs… — Child Sexual Offences (POCSO) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Bail (Suspension of Sentence)

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Application No.1027/2020

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S.B. Criminal Appeal No. 1413/2020

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Ramrai @ Rairam @ Rajaram S/o Shyogi Ram, R/o Balunda, Police Station Nagarfort District Tonk, Rajasthan. (Confined In District Jail Sawai Madhopur)

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----Appellant-Accused/Applicant

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Appellant(s) : Mr. Vikas Kabra For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

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Order

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15/12/2021

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Heard on application for suspension of sentence.

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The appellant has filed the appeal along with application for suspension of sentence.

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This appeal has been preferred against the impugned judgment and sentence dated 03.09.2020 passed by the Special Court, Protection of Children from Sexual Offences Act 2012, Sawai Madhopur in Sessions Case No.118/2018 (34/2016), by which the appellant has been convicted under Sections 363, 366, 376(1) of IPC and Section 3/4 of the POCSO Act and sentenced to maximum term of ten years.

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(2 of 3)

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It has been submitted by learned counsel for the appellant

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that the appellant has been falsely implicated in the case. The statement of prosecutrix-P.W.9 does not inspire confidence as it suffers from material contradictions and infirmities. Age of the prosecutrix has not been proved by sufficient evidence of the prosecution. The prosecutrix was major at the time of alleged incident as evident from the order passed in S.B. CRLMP No.3376/2014 which was filed jointly by the prosecutrix and the appellant seeking direction to respondent-authorities for protection and right to life including the right to marry. During the course of hearing of petition, the prosecutrix had stated in this court that she was twenty years old and she had performed marriage with the appellant according to her free will and living happily as wife.

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It is further submitted that after a certain period under the pressure of parents, the prosecutrix resiled from her previous statement and statement recorded under Section 164 of Cr.P.C., implicating the appellant in this case. During trial, the appellant was on bail and now, he is in custody since the date of pronouncement of judgment. Hearing of appeal may take long time.

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

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Heard learned counsel for the parties and scanned the evidence available on record carefully.

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Taking into consideration the submissions of learned counsel for the appellant, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court

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(3 of 3)

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deems just and proper to allow the application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accusedappellant Ramrai @ Rairam @ Rajaram S/o Shyogi Ram shall remain suspended till disposal of this criminal appeal and he be released on bail, provided the appellant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial court for his appearance in this Court on 17^th January, 2022 and as and when called upon to do so.

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(MANOJ KUMAR VYAS),J

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Hemant/48

Ramrai @ Rairam @ Rajaram S/O Shyogi Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramrai @ Rairam @ Rajaram S/O Shyogi Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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