Allowed

Devi Lal v. State of Rajasthan

Rajasthan HC30 Oct 2023SOSA/1331/2023

Case brief

AI extract

What is this about?

In an appeal against conviction under POCSO Act, the High Court allowed the appellant's application for suspension of sentence. Considering potential delays in the appeal, discrepancies in victim statements, and overall submissions, the court ordered release on bail with a personal bond and conditions.

What did the court decide?

Sentence suspended; released on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each on specified conditions.

Devi Lal Vs State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2023)

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[2023:RJ-JD:36638]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1331/2023

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Devi Lal S/o Govind Ram, Aged About 34 Years, 19 Rb P.S. Gajsinghpur Dist. Sriganganagar. (At Present Lodged In Central Jail, Sri Ganganagar).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s)	: Mr. Vikas Kumar Bishnoi for
	Mr. Rakesh Matoria
For Respondent(s)	: Mr. S.K. Bhati, PP Mr. Jayant Joshi

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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30/10/2023

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The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 11.08.2023 passed by learned Special Judge, POCSO Act Cases, No.2, Shri Ganganagar in Sessions Case No.198/2021 (CIS No.12/2019) whereby the appellant was convicted and sentenced to suffer maximum punishment of 10 years rigorous imprisonment along with compensation fine of Rs.50,000/- under Section 5(L)/(6) of POCSO Act and lesser punishment for the other offence punishable under Section 363 and 366-A of the IPC.

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It is contended 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,

[2023:RJ-JD:36638]

[SOSA-1331/2023]

(2 of 3)

therefore, the same is required to be appreciated again by this court being the first appellate Court. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

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Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the prayer made by learned counsel for the accused-applicant for releasing the appellant on application for suspension of sentence.

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Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant parties and perused the material available on record.

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After going through the record of the case more particularly the statement of the victim Ms. ‘S’ and after considering the statement recorded under Section 161 of the Cr.P.C. dated 08.11.2018 which is marked as Ex.D-2 wherein the victim has candidly admitted and categorically stated that she had gone with the petitioner of her own free will and volition and he had not done anything wrong to her. It is not comprehensible that what was the reason for which the girl was examined again after 10 days in which she made allegation of committing rape. Taking into account the totality of facts and circumstances of the case, more particularly the facts that hearing of appeal is likely to take further more time and considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this

(3 of 3)

[2023:RJ-JD:36638]

[SOSA-1331/2023]

Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.

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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 Special Judge, POCSO Act Cases, No.2, Shri Ganganagar in Sessions Case No.198/2021 (CIS No.12/2019) against the appellant-applicant Devi Lal S/o Govind Ram 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 30.11.2023 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 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.

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

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(FARJAND ALI),J

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113-Ashutosh/-

Devi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Devi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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