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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
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.
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.
The court established that the suspension of sentence can be granted based on the merits of the case and the reliability of evidence, particularly in cases involving serious allegations under the POC....
The court's decision on the application for suspension of sentence was influenced by the conviction for the offence of sexual assault upon a minor girl and the lack of evidence to support the claim o....
The court emphasized the necessity of reliable evidence and the importance of the prosecutrix's age in sexual offense cases under IPC and POCSO Act.
The court has the discretion to suspend a sentence pending appeal under Section 389 Cr.P.C., considering the circumstances and custody period of the appellant.
The main legal point established in the judgment is the court's discretion to suspend a sentence under Section 389 Cr.P.C. pending appeal, considering the overall circumstances and potential jeopardy....
Once a person has been convicted, normally, an appellate Court will proceed on the basis that such person is guilty. It is no doubt true that even thereafter, it is open to the appellate Court to sus....
The court established that delays in reporting and inconsistencies in testimony can impact the credibility of the prosecution's case, influencing decisions on bail and sentence suspension.
The court ruled that the applicant's sentence should be suspended due to the lengthy appeal process and significant contradictions in the prosecution's evidence.
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