Allowed

Deepak Bunkar @ Deepu Son of Shri Dungar Singh v. State of Rajasthan

Rajasthan HC10 Jul 2023SOSA/818/2023

Case brief

AI extract

What is this about?

In an application for suspension of sentence pending appeal, the High Court evaluated the hostile testimony of witnesses and the marriage between the appellant and the complainant. The Court held that the appellant could be granted bail.

What did the court decide?

The application for suspension of sentence is allowed; the sentence is suspended till the disposal of the appeal.

Deepak Bunkar @ Deepu Son of Shri Dungar… — 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 Suspension Of Sentence Application No. 818/2023

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S.B. Criminal Appeal No. 1260/2023

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Deepak Bunkar @ Deepu Son Of Shri Dungar Singh, Aged About 23 Years, Resident Of Balaiyon Ka Mohalla, Kasba Jamwaramgarh, District Jaipur (Raj) (At Present Accused Appellant Confined In Central Jail Jaipur)

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----Petitioner

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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 Petitioner(s)	: Mr. Babu Lal Bairwa
For Respondent(s)	: Mr. S.S. Mahla, PP
	Mr. Sourabh Sheeshwal

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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10/07/2023

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This application for suspension of sentence is preferred in pending appeal which was admitted for hearing on 24.05.2023 filed aggrieved from order of conviction and sentence dated 15.05.2023 in sessions case No. 41/2020 passed by learned Special Judge (POCSO Act cases), Jaipur whereby the appellant was convicted under Section 3/4 of POCSO Act and further sentenced to undergo 10 years of rigorous imprisonment along with fine of ₹50,000/-

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Learned counsel for appellant submitted that prosecutrix was examined as PW-1 before the trial court and she turned hostile. Similarly, mother of this PW-1 was examined as PW-2 and she also turned hostile. He further submitted that report was registered by PW-5 who is maternal uncle of prosecutrix and he also turned hostile. He further submitted that prosecutrix was engaged to present appellant but due to certain misunderstanding regarding

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[SOSA-818/2023]

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(2 of 3)

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marriage this case was registered at the behest of some relatives to pressurize present appellant. He further submitted that after attaining majority prosecutrix and appellant solemnized their marriage and a copy of marriage certificate was filed before the Court which clearly reflected that on 09.09.2021 prosecutrix and appellant had performed their marriage. He further submitted that no other evidence was available on record to come to a conclusion that appellant committed any sexual assault or rape with prosecutrix. At last, he submitted that appellant was on bail during trial and disposal of appeal will take its own time, therefore, appellant be released on bail.

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Aforesaid contentions were opposed by learned Public Prosecutor but learned counsel for complainant fairly supported the version of appellant. Learned Public Prosecutor submitted custody certificate and same is taken on record.

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Heard learned counsel for both the parties and learned Public Prosecutor and perused the record.

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PW-1, victim and her mother, PW-2 turned hostile and did not support the version of prosecution. The report was registered by PW-5 and he also turned hostile. Learned trial court on the basis of DNA report Ex.P/18 which was exhibited by Investigating Officer, PW-8 Suresh Kumar recorded the conviction of appellant. The record further indicated that appellant was released on bail by learned trial court on 06.03.2021 and thereafter remained on bail till the order of conviction. A certificate of marriage issued by the Marriage Officer of Jaipur was submitted by learned counsel for appellant and victim so as to indicate that on 09.09.2021

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[SOSA-818/2023]

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(3 of 3)

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appellant and victim solemnized their marriage and further it was submitted that they are now blessed with a child.

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In the entirety of facts and circumstances of the case, without expressing any opinion of merits of the case, I am of the considered view it is appropriate that appellant can be granted the benefit of bail. The application for suspension of sentence of accused- Deepak Bunkar @ Deepu Son Of Shri Dungar Singh is allowed and sentence is suspended till disposal of appeal with the condition that he would execute 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 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:-

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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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Misc. Application stands disposed of.

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(ASHOK KUMAR JAIN),J

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CHETNA BEHRANI /25

Deepak Bunkar @ Deepu Son of Shri Dungar Singh v. State of Rajasthan

Case brief

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Deepak Bunkar @ Deepu Son of Shri Dungar Singh v. State of Rajasthan

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