The Rajasthan High Court dismissed an appeal against the denial of suspension of sentence in a POCSO case, holding that the gravity of the offence precludes enlargement despite the appellant's prolonged custody.
Application for suspension of sentence is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JP:27087]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 168/2021
IN
S.B. Criminal Appeal No. 278/2021
Balchand S/o Shri Daulatram Bairwa, R/o Gram Aarampura, Khedarsulpur, Police Station Kaithoon, District Kota (Rajasthan) (At Present Accused Appellant Is Confined In Central Jail, Kota)
----Petitioner
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : None. For Respondent(s) : Mr. C.G. Chopra, P.P.
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
05/10/2023
None present for the petitioner.
Learned Public Prosecutor has submitted custody certificate and the same is taken on record.
It appears that no one is representing the petitioner in application for suspension of sentence. On last occasion, Mr. Sunil Vijay remain present, but prior to that, no one was present on behalf of the petitioner.
This application for suspension of sentence is pending since 2021, therefore, we are deciding the same on merits.
In Sessions Case No. 29/2019 arising out of FIR No. 355/2018, P.S. Kaithun, District - Kota, the present petitionerappellant was convicted on 28.01.2021 by learned Special Judge
(2 of 2) [SOSA-168/2021]
[2023:RJ-JP:27087]
(POCSO Act Cases) No.1, Kota under Sections 376(3), 376(2)(f), 376(2)(n) and 323 of IPC and Sections 5(j)(ii)/6 and 5(l)/6 of POCSO Act and further sentenced to rigorous imprisonment of 25 years and fine of Rs.50,000/- under Section 5(l)/6 of POCSO Act.
Learned Trial Court on the basis of material on record concluded that the age of victim was less than 18 years and the petitioner was found guilty of committing aggravated penetrative sexual intercourse with a minor victim.
Having considered the evidence on record and also the gravity of offence, I am of considered view that this is not a fit case, wherein the petitioner can be enlarged on bail though the petitioner remained in custody for more than five years and five months till now.
In wake of gravity and seriousness of offence, the petitioner is not entitled for suspension of sentence at this stage, hence, the application for suspension of sentence, is hereby dismissed.
(ASHOK KUMAR JAIN),J
PKS/55
Balchand S/o Shri Daulatram Bairwa
State Of Rajasthan
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
