Allowed

Vishal @ Haboo S/O Shri Ganesh Ram v. State of Rajasthan

Rajasthan HC16 Apr 2024SOSA/222/2023

Case brief

AI extract

What is this about?

Convicted under POCSO Act, the appellant sought suspension of sentence during appeal. The court noted the victim's allegations were uncorroborated by medical evidence and that the FSL DNA report did not match the accused. Sentence suspended till disposal of the appeal on conditions including fine deposit and personal bond with sureties.

What did the court decide?

Sentence suspended till appeal disposal; release on personal bond Rs.1,00,000 with two sureties of Rs.50,000 each, subject to fine deposit and appearance conditions.

Vishal @ Haboo S/O Shri Ganesh Ram Vs State… — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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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. 222/2023

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S.B. Criminal Appeal No. 1462/2022

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Vishal @ Haboo S/o Shri Ganesh Ram, aged about 21 Years, Resident of Opposite College Road Pulia, Jobner, Police Station Jobner, District Jaipur (At Present 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. Keshan Kumar Agarwal For Respondent(s) : Mr. Atul Sharma-PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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16/04/2024

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Counsel for the appellant submits that the allegations levelled by the victim against the appellant are not corroborated by the medical as well as the scientific evidence that is DNA report (Ex.P/14). Counsel submits that during the course of trial, the appellant was on bail and hearing of the appeal is bound to take time, so the sentence of the appellant be suspended till disposal of the appeal.

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Per contra, learned Public Prosecutor has opposed the suspension of sentence application.

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Heard learned counsel for the appellant, learned Public Prosecutor and perused the material available on record.

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[SOSA-222/2023]

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(2 of 3)

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Considering the arguments put forward by the counsel for the appellant and looking to the fact that the allegations levelled by the victim against the appellant are not corroborated by the evidence of the Doctors i.e. PW10- Dr. Om Ghasil and PW11- Dr. Vijay Singh Choudhary and looking to the fact that DNA profile of the accused has not matched as per the FSL report (Ex. P/14) and also looking to the fact that the appellant was on bail during the course of the trial and looking to the fact that disposal of the appeal is likely to take time, therefore, 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 by the applicant under Section 389 Cr.P.C. is allowed and the sentence awarded by the Court of Special Court, the Protection of Children from Sexual Offence Act, 2012, District Jaipur vide judgment dated 25.05.2022 in Sessions Case No.29/2021 against the appellant Vishal @ Haboo S/o Shri Ganesh Ram shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 16.05.2024 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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That he shall appear before the trial Court in the month of January of every year till the appeal is decided.

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(3 of 3)

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[SOSA-222/2023]

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That if the applicant changes the place of residence and mobile number, he will give in writing his changed address and mobile number 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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Appellant shall deposit a fine amount as imposed by the learned trial Court.

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The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedappellant was 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-appellant 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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(ANOOP KUMAR DHAND),J

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Ashu/69

Vishal @ Haboo S/O Shri Ganesh Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vishal @ Haboo S/O Shri Ganesh Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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