Allowed

Rajesh Choudhari S/O Shri Arjun Choudhari v. State of Rajasthan

Rajasthan HC3 Jan 2023SOSA/748/2022

Case brief

AI extract

What is this about?

The High Court allowed suspension of sentence for two appellants convicted under POCSO and IPC provisions. They are released on bail subject to personal bonds, sureties, and strict attendance conditions until the appeal concludes.

What did the court decide?

Sentence suspended; accused released on bail with personal bonds and sureties, conditional on annual court appearance and address reporting.

Rajesh Choudhari S/O Shri Arjun Choudhari Vs… — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Application for Suspension of Sentence No.949/2022

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S.B. Criminal Misc. Application for Suspension of Sentence No.748/2022

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S.B. Criminal Appeal No. 1092/2022

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Rajesh Choudhari S/o Shri Arjun Choudhari, Aged About 27 Years, R/o Village Dharmchak, Police Station Nimchak Bathani, District Gaya, Bihar, At Presently R/o House No. 32 J.p. Colony, Sector 01, Vidhyadhar Nagar, Jaipur (Raj.)

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Vinod Choudhari S/o Shri Suresh Choudhari, Aged About 31 Years, R/o Village Bandi Police Station Nimchak Bathani, District Gaya Bihar, Presently R/o House No. 32 J.p. Colony, Sector No. 01, Vidhyadhar Nagar, Jaipur (Raj.) (Both Are Present Confined In Central Jail Jaipur)

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----Appellants

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Appellant(s) : Mr. Vinod Kumar Sharma Mr. Hari Shankar Gaur For Respondent(s) : Mr. S.S. Mahla, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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03/01/2023

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Heard learned counsel for the accused-appellants and learned Public Prosecutor on the applications for suspension of sentence and perused the judgment impugned dated 07.06.2022 passed by Special Judge, POCSO Act Cases, No.3, Jaipur Metropolitan-I, Jaipur in Sessions Case No.19/2020 (CIS No.247/2020) whereby the accused-appellants have been convicted for the offence punishable under Sections 370(5), 374 &

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(2 of 4) [SOSA-949 & 748/2022]

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344 IPC and Sections 75 & 79 of the Juvenile Justice (Care and Protection) Act, 2015 and have been sentenced with maximum of fifteen years rigorous imprisonment along with fine of Rs. 50,000/-.

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Learned counsel for the accused-appellants submits that the trial court has grossly erred in convicting and sentencing the accused-appellants. It is submitted on behalf of the appellants that the learned Trial Court has failed to appreciate the correct legal and factual aspects of the matter and thus, reached on an erroneous conclusion of guilt. Learned counsel submits that there is no sufficient evidence to bring home the guilt of the accusedappellants for accusation under Section 370 IPC as the ingredients essential to constitute the offence are not present in the matter. At the best, it can be a case of Child Labour Restraint Act. The punishment awarded by the learned Trial Court under Section 75 of the Juvenile Justice Act is not more than three years. They were on bail during the entire course of the trial and the liberty was never misused. Therefore, the applications for suspension of sentence may be granted.

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Learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the accused-appellants.

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Considering the overall submissions of the parties 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-appellants.

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(3 of 4)

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[SOSA-949 & 748/2022]

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Accordingly, the applications for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Special Judge, POCSO Act Cases, No.3, Jaipur Metropolitan-I, Jaipur vide judgment dated 07.06.2022 in Sessions Case No.19/2020 (CIS No.247/2020) against the appellant-applicants- Rajesh Choudhari S/o Shri Arjun Choudhari & Vinod Choudhari S/o Shri Suresh Choudhari shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail provided each of them 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 15.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That 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 applicants change the place of residence, they will give in writing their changed addresses 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-applicants 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

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(4 of 4) [SOSA-949 & 748/2022]

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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 do 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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SAHIL SONI /95

Rajesh Choudhari S/O Shri Arjun Choudhari v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajesh Choudhari S/O Shri Arjun Choudhari v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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