Dismissed

Roshan @ Sahil S/O Shri Gopal Jat v. State of Rajasthan

Rajasthan HC28 May 2024SOSA/736/2024

Case brief

AI extract

What is this about?

This order dismisses a second suspension of sentence application filed by an appellant convicted under POCSO and SC/ST Acts. The court rejected bail pleas, citing the gravity of the offence, medical evidence of assault, and the appellant's history of similar cases.

What did the court decide?

Second application for suspension of sentence dismissed; appellant remains in custody.

Roshan @ Sahil S/O Shri Gopal Jat Vs State… — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:25867]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc 2^nd Suspension Of Sentence Application (Appeal) No. 736/2024

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S.B. Criminal Appeal No.1881/2022

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Roshan @ Sahil S/o Shri Gopal Jat, Aged About 25 Years, R/o Toot Ki Dhani, Gopalnagar, Ladana, Police Station Phagi District Jaipur (At Present Under Judicial Custody Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p

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Prahalad Dhobi S/o Shri Nand Ram Dhobi, R/o Gonhandi At Present Dev Nagar Bus Stand Harsuliya Police Station Phagi District Jaipur Rajasthan

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----Respondents

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For Petitioner(s)	: Mr.	R.B. Sharma Ganthola
For Respondent(s)	: Mr.	C.G. Chopra,PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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28/05/2024

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Instant application for suspension of sentence is preferred by the appellant in a matter arising out of order of conviction and sentence dated 16.09.2022 in sessions case No. 33/2019 passed by learned Special Judge (POCSO Act Cases) Jaipur whereby the appellant was convicted for offence under Sections 323, 341 IPC, 7/8 of POCSO Act and 3(1)(w) of SC/ST (POA) Act.

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Learned counsel for appellant submitted that appellant is innocent and presently he is in custody for almost two and half years, so he is entitled to be released on bail. He also submitted that appellant has strong case as false case is registered against the appellant to settle the score. He specifically referred the

[2024:RJ-JP:25867]

[SOSA-736/2024]

(2 of 3)

statement of PW-9 (Dr. Subhash) and submitted that sexual assault was not established from the material on record.

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Aforesaid contentions were opposed by learned Public Prosecutor and submitted that complainant was informed about present appeal. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On earlier occasion first application for suspension of sentence was dismissed on 04.07.2023. A perusal of record indicated that medical examination of victim was exhibited as Ex.P9 and same was proved by PW-9 (Dr. Subhash). The deposition of PW-9 indicated that victim has complained about pain on left cheek but there was no visible injury. The victim was examined as PW-1.

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The trial court after considering the material on record opined that the date of birth of victim was 15.07.2007 and the age of the victim on date of incident was 11 years 10 months thus the victim was less than 12 years. A perusal of statement of PW-1 indicated that appellant who was nearly 22 years on date of incident demanded sexual favour from minor girl whose age was less than 12 years. Moreover the victim has narrated the incident of sexual assault suffered by her and explained the acts committed by accused.

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Considering the list of cases submitted by learned Public Prosecutor indicated that 15 cases were registered against the appellant and most of them are under Section 379 IPC but it indicated the criminal behaviour of present appellant.

[2024:RJ-JP:25867]

[SOSA-736/2024]

(3 of 3)

Considering the gravity of offence, I am not inclined to release the appellant on bail.

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Accordingly, second application for suspension of sentence by Roshan @ Sahil is dismissed.

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Misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /10

Roshan @ Sahil S/O Shri Gopal Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Roshan @ Sahil S/O Shri Gopal Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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