Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 983 (RAJ)

Shyamlal v. State of Rajasthan, Through PP

2019-04-02

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the parties on S.B. Suspension of Sentence (Appeal) No. 1109/2018. 2. Learned counsel for the appellant has submitted that the trial court has convicted and sentenced the accused for the offences punishable under Sections 363, 366, 376 IPC read with Section 5/6 POCSO Act and awarded him sentence of ten years. It is submitted that the trial court has not taking into consideration the fact that the prosecutrix and the petitioner were in consensual relationship. It is also submitted that the prosecution has failed to produce conclusive and definite evidence regarding sexual assault against the will of the prosecutrix. It is submitted that the petitioner was arrested on 16.02.2014 and till date, he is in judicial custody and, as such, he has completed half of the sentence out of the maximum sentence of ten years awarded to him. It is further submitted that hearing of the appeal will take time. 3. Having considered the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant. 4. Accordingly, S.B. Suspension of Sentence (Appeal) No. 1109/2018 filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by learned Special Judge, Protection of Children From Sexual Offences Act Cases, Rajsamand, District Rajsamand vide judgment dated 07.09.2018 in Case No. 6/2018 against appellant Shyamlal S/o Shri Nanalal shall remain suspended till final disposal of the aforesaid appeal, provided he 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 his appearance in this court on 02.05.2019 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- 1. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 5. 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. 3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 5. 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.