Allowed

Dhanraj Son of Shivram v. State of Rajasthan

Rajasthan HC5 Dec 2024SOSA/2186/2024

Case brief

AI extract

What is this about?

Convicted under Sections 457 & 354 IPC and Section 7/8 POCSO to three years' rigorous imprisonment, the accused-appellant sought suspension of sentence pending appeal. The court noted he had not misused bail during trial and suspended the sentence subject to bond, sureties and conditions.

What did the court decide?

Sentence suspended on furnishing personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each, with conditions including appearance dates and no criminal activity.

Dhanraj Son of Shivram Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:50198]

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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 (Appeal) No. 2186/2024

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S.B. Criminal Appeal No. 3141/2024

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Dhanraj Son of Shivram, Resident of Kanotiya Police Station Mothpur District Baran (Rajasthan)

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----Petitioner

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Versus

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State of Rajasthan, Through PP

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Ramgopal Son of Shri Jankilal Malil, Aged About 68 Years, Resident of Kanotiya Police Station Mothpur District Baran (Rajasthan)

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----Respondents

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For Petitioner(s) : Mr. Jagdish Singh Chauhan For Respondent(s) : Mr. Amit Punia, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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05/12/2024

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Learned Public Prosecutor submits that the complainant/victim has already been intimated about the filing/hearing of this appeal through S.H.O. concerned police station.

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This appeal has been preferred against the judgment of conviction and sentence dated 08.11.2024 passed by the Special Judge, Protection of Children from Sexual Offences Act, 2012 & Commission for Child Rights Protection Act, 2005 No.2, Baran (Raj.) in Sessions Case No.31/2021 (CIS No.111/2021), whereby, the accused-appellant has been convicted for the offences under Sections 457 & 354 of IPC and Section 7/8 of Protection of

[2024:RJ-JP:50198]

[SOSA-2186/2024]

(2 of 3)

Children from Sexual Offences Act, 2012 and has been sentenced to undergo three years’ rigorous imprisonment with fine.

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Heard.

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Considered the submissions made at Bar and also perused the material available on record.

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The accused-appellant has been convicted and sentenced to undergo three years' rigorous imprisonment with fine and the sentence imposed upon the accused-appellant has already been suspended by the trial Court for a period of thirty days. It has also come on record that the accused-appellant was on bail during trial and he has not misused the liberty of bail.

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Taking into consideration the totality of the facts and circumstances of the case and the fact that the accused-appellant has not misused the liberty of bail granted to him during the trial and considering the observations and findings of the learned trial Court, this Court feels that this is a fit case to suspend the sentence of the accused-appellant.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to the accused-appellant, namely, Dhnraj S/o Shivram in Sessions Case No.31/2021 (CIS No.111/2021) shall remain suspended provided he furnishes a personal bond in the sum of Rs.1,00,000/(Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court on 06.01.2025 and further on subsequent date(s) as and when called upon to do so till the disposal of the appeal on the conditions as follows:-

(3 of 3)

[2024:RJ-JP:50198]

[SOSA-2186/2024]

i) After release of the accused appellant, he shall not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled.

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ii) He will appear before the trial Court in the month of December of every year till the appeal is decided.

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iii) If the appellant change the place of residence, he will give in writing his changed address to the trial Court as well as the counsel in the High Court. iv). Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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A copy of this order be sent to learned trial Court through e-

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mail.

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(GANESH RAM MEENA),J

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DIVYA SAINI /125

Dhanraj Son of Shivram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dhanraj Son of Shivram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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