Back
2021 Supreme(Raj) 1435
RAJASTHAN HIGH COURT BENCH AT JAIPUR
Manoj Kumar Vyas, J.
Arif @ Mohammad Arif @ Kallu - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Suspension of Sentence Application No. 559/2020 in S.B. Criminal Appeal No. 703/2020
Decided On : 08-11-2021
Important Points
Subject
Criminal Law - POCSO Act
Act Referred
Headnote
SUSPENSION - POCSO ACT - The court allowed the application for suspension of sentence for the appellant convicted under the POCSO Act, considering the appellant's claims of false implication, the prosecutrix's contradictory statements, and the time already served in custody, while emphasizing the need for a fair trial process.
Fact of the Case:
The appellant was convicted under Sections 3/4 of the POCSO Act and sentenced to seven years. He claimed false implication, argued that the prosecutrix was of age and had accompanied him willingly, and highlighted contradictions in her statements.
Finding of the Court:
The court found merit in the appellant's arguments regarding the reliability of the prosecutrix's statements and the circumstances of the case, leading to the decision to suspend the sentence pending appeal.
Issues: Whether the appellant's conviction under the POCSO Act should be suspended pending the appeal, considering the claims of false implication and the reliability of evidence.
Ratio Decidendi: The court determined that the overall facts and circumstances warranted suspension of the sentence, emphasizing the importance of a fair trial and the presumption of innocence until proven guilty.
Result: The application for suspension of sentence was allowed, and the appellant was granted bail under specified conditions.
Mr. Lalit Gautam for Mr. Ajeet Singh Devanda, Advocates, for the Appellant; Mr. Imran Khan, PP, for the Respondent
JUDGMENT
Heard on application for suspension of sentence. The appellant has filed the appeal along with application for suspension of sentence.
This appeal has been preferred against the judgment of conviction and sentence dated 04.03.2020 passed by the Court of Special Judge, Protection of Children from Sexual Offence Act 2012 No.3, Jaipur Metropolitan, Jaipur in Sessions Case No.44/2019(27/2018) CIS No.30/2019, by which the appellant has been convicted under Sections 3/4 of the POCSO Act and sentenced to maximum term of seven years.
It has been submitted on behalf of the appellant that the appellant has been falsely implicated in the case. The prosecutrix was major on the date of alleged incident. The appellant was on bail during trial and now, he is in judicial custody since the date of judgment of the trial court. He has been sentenced to a maximum term of seven years of imprisonment, out of which he has suffered almost three years of sentence. Statements of the prosecutrix are not reliable. She on her own free will, accompanied the appellant to different places. She also represented herself as wife of the appellant. Her statements are contradictory. No conviction can be based upon that evidence. There is no other reliable evidence against the appellant. Decision of appeal may take considerable time.
Learned Public Prosecutor has opposed the application for suspension of sentence.
Heard learned counsel for the parties. Taking into consideration the submissions of learned counsel for the appellant, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems just and proper to allow the application for suspension of sentence.
Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- appellant Arif @ Mohammad Arif @ Kallu S/o Mohammad Sabir shall remain suspended till disposal of this criminal appeal and he be released on bail, provided the appellant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial court for his appearance in this Court on 08th December, 2021 and as and when called upon to do so.
