Application for suspension of sentence dismissed in POCSO appeal filed by a convict who had previously jumped bail. Court held appellant misused bail liberty and case is not fit for release pending appeal.
Application for suspension of sentence dismissed. Misc. application disposed of.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 405/2022
In
S.B. Criminal Appeal No. 587/2022
Chhotu Ram @ Manna Ram @ Ganesh Son Of Shri Laduram, Aged About 39 Years, Resident Of Khandara Ki Dhani, Tan Shyami Ki Dhani Police Station Sambhar Lake, District Jaipur (Raj) (At Present In Central Jail, Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : Ms. Prathishtha Sunger For Respondent(s) : Mr. B.L. Nasuna, Dy.GA
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
07/07/2023
The instant application for suspension of sentence is preferred in pending appeal which was admitted on 08.03.2023 and aggrieved from order of conviction and sentence dated 30.03.2022 in Sessions Case No. 57/2019 passed by learned Special Judge (POCSO Act Cases), Jaipur District whereby appellant was convicted for offence under Sections 3/18 of POCSO Act and sentenced to undergo 7 years of rigorous imprisonment along with fine.
Learned counsel for appellant submitted that FIR was registered after a long delay and the statement of child victim is not reliable. She further submitted that the statement of victim
(2 of 3) [SOSA-405/2022]
(PW-1) clearly indicated that she was tutored and her deposition was not reliable. She further submitted that no other corroboratory evidence was available on record as one of the witnesses, PW-7, was not examined by the prosecution. She further submitted that appellant remained in custody for a substantial period and after considering the entire aspect, he was released on bail during trial. She further submitted that learned trial court failed to appreciate the fact that there were material discrepancies which goes to the root of the matter and at last she submitted that disposal of appeal will take its own time and keeping appellant in incarceration would serve no purpose as there was no medical evidence to corroborate the allegation of attempt to commit rape by present appellant.
Aforesaid contentions were opposed by learned Public Prosecutor.
Heard learned counsel for appellant and learned Public Prosecutor. Perused the record.
The incident was reported by way of written complaint Ex.P-2 which was registered on 08.08.2019 which indicated that there was delay of two days. The statement of victim, who is 8 years old, was recorded under Section 164 Cr.P.C. on 14.08.2019. Further, she was medically examined and report was exhibited as Ex.P-4 though there was no medical evidence to support the prosecution story that victim was subjected to any rape or physical contact. Victim who is about 8 years old was examined as PW-1 before learned trial court and she used the word "Tau Ji" for present appellant and she clearly indicated as to what this
[SOSA-405/2022]
(3 of 3)
appellant committed with her. The acts clearly indicated the intention of present appellant and learned trial court had arrived at a conclusion of conviction on the basis of aforesaid statement of PW-1, though PW-7, younger brother of PW-1 who is four years of age did not deposed anything before the court. Three defence witnesses were also examined to support the version of present appellant but having considered the entire aspect of the matter, this is a serious incident.
When we consider the fact that appellant was released on bail in pursuant to order dated 04.09.2020 passed by this court in S.B. Misc. 2nd Bail Application No.8554/2020 but he jumped the bail and was arrested in pursuant to warrant of arrest issued by learned trial court and since then he is custody, therefore appellant has misused the liberty of bail granted to him.
Looking to the entire aspect of facts and circumstances of this case, it is not a fit case wherein appellant can be released on bail.
Accordingly, the application for suspension of sentence is dismissed.
Misc. application stands disposed of.
(ASHOK KUMAR JAIN),J
PREETI VALECHA /31
2 issues framed by the court
Whether suspension of sentence should be granted to a bail jumper in POCSO appeal where conviction relied on child victim's testimony.
If the appellant who jumped bail and remained in custody is a fit case for suspension of sentence.
2 provisions across 2 enactments
Chhotu Ram @ Manna Ram @ Ganesh Son Of Shri Laduram
State Of Rajasthan
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
