Durga Lal son of Narayan, By caste Bheel vs State Of Rajasthan Through Pp

Heard learned counsel for the accused-appellant and also

learned Public Prosecutor and perused the material available on

record.

The accused-appellant has been convicted for the offences

punishable under Sections 376 & 506 IPC and has been sentenced

for the maximum period of seven years rigorous imprisonment

with a fine of Rs.20,000/-.

Learned counsel for the accused-appellant submits that the

accused is in custody since 20.11.2014. There is material

contradiction in the statements of the prosecutrix PW-4 and FIR

has been lodged with the delay of four days. It is admitted fact

that there was previous enmity between father of the prosecutrix

and father of the accused. The medical examination report of the

prosecutrix (Ex.-4) does not depict any evidence of recent sexual

intercourse. FSL Report (Ex.-P/10) mentions that semen could not

be detected in vaginal swab of the prosecutrix. In the background

of above circumstances, learned counsel submits that the

sentence awarded to the accused-appellant may kindly be

suspended.

Learned Public Prosecutor has vehemently opposed the

prayer on the basis of observations made in the judgment

impugned as also on the basis of prosecutrix statement available

on record.

Having regard to the facts and circumstances of the case,

more particularly, the fact that the accused is in custody since

20.11.2014 and there is likelihood that the appeal will not be

disposed of on merits in near future, this Court feels inclined to

suspend the sentence awarded to the accused-appellant till

disposal of the appeal.

It is accordingly ordered that the sentence awarded by the

learned Trial Court to the accused-appellant in Sessions Case No.

2/2015 shall remain suspended till the final disposal of the appeal;

provided he executes a personal bond in the sum of Rs. 50,000/-

along with two sureties in the sum of Rs. 25,000/-each to the

satisfaction of the trial court for his appearance on 27.7.2017 and

as and when called upon to do so before this Court along with

following conditions:-

(1) That the accused-appellant shall inform this court his complete and new address, whenever he change his address during the pendency of appeal.

(2) The accused-appellant shall appear before learned trial court during the month of January in every year till the appeal is disposed off.

(3) The sureties will also undertake to ensure compliance of above two conditions and will also inform his new and correct address, whenever he change his place of residence.

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 the Sessions Case in which the

accused-appellant 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

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.

Accordingly, the application for suspension of sentence is

disposed off.