Prema Ram vs State

Admit.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued.

Heard learned counsel for the parties on S.B. Criminal Suspension of Sentence Application No.1357/2019.

Learned counsel for the appellant has submitted that charge-sheet against the appellant has been filed for the offences of POCSO Act and Indian Penal Code but the trial court has acquitted the appellant from the charges of POCSO Act because the prosecution had failed to prove that on the day of the incident, the prosecutrix was minor.

It is argued that the first information report regarding missing of the prosecutrix on 17.03.2018 was filed for the first time on 28.03.2018. It is submitted that from the evidence of PW-12 Padma Ram, it is clear that father and uncle of the prosecutrix were aware about the fact that the prosecutrix eloped with the appellant on 17.03.2018 but no missing person report or FIR was filed by them. It is submitted that father of the prosecutrix PW-2 Dedaram and uncle of the prosecutrix PW-3 Lumbaram in their evidence have also admitted that they were aware about the fact that their daughter was kidnapped by the appellant on 17.03.2018, however, they failed to give any explanation to this effect that why the FIR in relation to the said incident was lodged after a delay of more than ten days.

It is further argued that the trial court has not taken into consideration the fact that allegation of sexual assault has not been corroborated by the medical evidence and the same can be seen from the evidence of PW-6 Dr. Ansuya Harsh. It is submitted that as a matter of fact, the prosecutrix eloped with the appellant as per her own free will and she was major at the time of the incident, however, later on, when she returned to her house, the complainant has lodged this false complaint of abduction and sexual assault. It is also submitted that the appellant is in custody since 28.03.2018 and the hearing of the appeal will take time.

Learned Public Prosecutor has opposed the bail application of the suspension of sentence.

Having heard learned counsel for the parties and taking into consideration the fact that FIR in relation to the alleged incident was lodged with a delay of around ten days and no satisfactory explanation in respect of the same has been given by the complainant and other witnesses and also taking into consideration the fact that the trial court has not given any finding to this effect that the prosecutrix was minor at the time of the incident and also that appellant was acquitted from the charges of POCSO Act, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.

Accordingly, S.B. Criminal Suspension of Sentence Application No.1357/2019 filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 18.10.2019 in CIS No.278/2018 against appellant Prema Ram S/o Shri Multan Ram 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 02.03.2020 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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.

Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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 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 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.