High Court suspended sentence of Kailash Singh, challenging conviction under POCSO/IPC. Court imposed bail on ₹50k personal bond and sureties under strict conditions to prevent contact with victim.
Suspension of sentence allowed on execution of bond with strict conditions including non-contact with victim.
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 No.
613/2023
in
S.B. Criminal Appeal No. 795/2023
Kailash Singh Sonof Jagmal Singh Rajput, Aged About 27 Years, R/o Dhani Naliwali Tan Bhudoli Police Station Sadar, Neemkathana, District Sikar (Presently Confined In Central Jail Bikaner)
----Appellant
Versus
State Of Rajasthan, Through Its Public Prosecutor
----Respondent
| For Petitioner(s) | : Mr. |
Rajesh Gadwal |
|---|---|---|
| Mr. | Pushpendra Kumar | |
| Mr. | Rajesh Swami | |
| Mr. | Waseem Akram | |
| For Respondent(s) | : Mr. |
S.S. Mahla,PP |
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 05/07/2023
Instant application for suspension of sentence is preferred in pending appeal which was admitted for hearing on 19.04.2023, filed aggrieved from order of conviction and sentence dated 31.03.2023 in sessions case no. 62/2021 passed by learned Special Judge (POCSO Act cases) No.2, Sikar whereby present appellant was convicted under Sections 354, 354(D) of IPC & Section 7/8, 11/12 of POCSO Act and further sentenced to undergo rigorous imprisonment of four years and two years along with fine respectively.
Learned counsel for the appellant while relying upon the grounds of appeal submitted that the discrepancies in the
[SOSA-613/2023]
(2 of 3)
statement of PW-1 with her earlier version went unnoticed by learned trial court. He further submitted that during crossexamination certain admissions were made which goes to the root of the matter. He further submitted that no injury was caused and no evidence to touch body of victim was led by prosecution. He further submitted the date of birth of the victim was not proved beyond reasonable doubt. He further submitted that appellant remained on bail during trial and he never misused the liberty so granted to him. He further submitted that disposal of appeal will take its own time, therefore, appellant be released on bail.
Aforesaid contentions were opposed by learned Public Prosecutor.
Heard learned counsel for the appellant and also learned Public Prosecutor and perused the record.
A perusal of record indicated that appellant was released on bail on 07.04.2020 by learned trial court itself and since then he availed the liberty granted to him. In this case, as per record, there were four other cases registered against present appellant, out of which one was disposed of and resulted in conviction.
In this case, the victim in her statement recorded under Section 164 Cr.P.C. Ex. P/2 clearly stated that present appellant was not only stalking but he tried to assault her with sexual intent, as few incidents were stated by her. During deposition before trial court as PW-1 she again corroborated the story. As regard to age of victim is concerned, learned trial court after considering evidence on record concluded that victim was minor on date of incident.
[SOSA-613/2023]
(3 of 3)
At this stage, we cannot opine on merits but looking to the entirety of facts, appellant can be enlarged on bail provided certain strigent conditions may be imposed upon him as learned counsel for appellant ensures that appellant will not come in contact with victim or any of her family member. Thus, this court deems it appropriate to allow the suspension of sentence application of present appellant- Kailash Singh Son of Jagmal Singh Rajput provided he executes a personal bond of ₹50,000/with two sureties of ₹25,000/- each to the satisfaction of the learned Trial Judge for his appearance in this Court on 18.12.2023 and whenever ordered to do so till the disposal of the appeal on
the conditions indicated below:-
Misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J
CHETNA BEHRANI /50
Kailash Singh
State Of Rajasthan
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
