Allowed

Saddam S/O Naheem Babu v. State of Rajasthan

Rajasthan HC5 Jan 2023SOSA/512/2022

Case brief

AI extract

What is this about?

Appearing before the High Court of Rajasthan Bench at Jaipur on the application for suspension of sentence, the Court considered the submissions regarding the POCSO conviction. The Court held it was a fit case to suspend the sentence pending the appeal. Respondent was notified.

What did the court decide?

Sentence in Sessions Case No. 10/2020 suspended pending appeal disposal; accused released on bail with fixed amount, sureties, and attendance conditions.

Saddam S/O Naheem Babu Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence Application No.

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512/2022

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S.B. Criminal Appeal No. 722/2022

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Saddam S/o Naheem Babu, R/o Village Khaspuriya Police Station Nainwa District Bundi, Presently R/o House No. F-1073, J.d.a. Colony, Govindpura, Police Station Sanganer Sadar, Jaipur (At Present Confined In Central Jail, Jaipur)

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----Appellant

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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. B.P. Sharma For Respondent(s) : Mr. M.S. Saini, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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05/01/2023

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Heard learned counsel for the accused appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 25.04.2022 passed by learned Special Judge, POCSO Act, 2012, No.1, Jaipur Metropolitan-1st whereby the accused appellant has been convicted for the offence punishable under sections 366 IPC and Section 3/4 of POCSO Act and has been sentenced to maximum ten years rigorous imprisonment along with fine of Rs.10,000/- in default of payment of fine six month simple imprisonment.

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Learned counsel for the accused-appellant submits that from the circumstances appearing in this case, a safe inference of consent can easily be drawn. Learned trial Court has failed to

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(2 of 3)

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[SOSA-512/2022]

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appreciate the evidence brought on record. He further asserts that the prosecutrix eloped with the appellant at her own free will and volition without there being any compulsion. The significant discrepancy appearing in the case of the prosecution has been pointed out regarding the manner in which she left the house and the other relevant aspects. As far as the question of age of the prosecutrix is concerned, learned counsel raises serious doubt over the sanctity of the documents produced by the prosecution and while drawing the attention of this Court towards other documents pertaining to the prosecutrix wherein date of birth is mentioned, learned counsel submits that it cannot be said with utmost certainty that at the relevant point of time, she was below 18 years. It is submitted that appellant has strong arguable case. Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-appellant.

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The accused-appellant was on bail during the trial and presently is behind the bars and the hearing of appeal is likely to take further more time, therefore, considering the overall submissions and looking to the totality of facts and circumstances of the case 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 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 sentences passed by the learned Special Judge, POCSO Act, 2012, No.1, Jaipur Metropolitan-1st, vide judgment dated 25.04.2022 in Sessions Case No. 10/2020 against the appellant-applicant

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(3 of 3)

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[SOSA-512/2022]

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Saddam S/o Naheem Babu 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 their appearance in this court on 08.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they 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(s) changes the place of residence, he/she/they will give in writing his/her/their 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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The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedapplicants were 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 applicants 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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(FARJAND ALI),J

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PREETI VALECHA /36

Saddam S/O Naheem Babu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Saddam S/O Naheem Babu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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