[2025:RJ-JP:8540]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc 3rdSuspension Of Sentence Application No. 206/2025
in
S.B. Criminal Appeal No. 2716/2023
Vinod Son Of Shri Dinesh, Aged About 24 Years, Resident Of Bye Pass Road, Siyaram Wali Gali, Kheragarh, District Agra (Up) (At Present Confined In Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dushyant Jain
For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Vijay Singh Yadav, PP
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order
25/02/2025
1. Instant third suspension of sentence application is preferred by petitioner accused in pending appeal admitted on 20.09.2023 and filed aggrieved from order of conviction and sentence dated 29.08.2023 in sessions case no. 103/2021 passed by learned Special Judge, POCSO Act cases no. 1, Alwar whereby appellant accused Vinod was convicted and sentenced for offence under Sections 354-D, 506 IPC and 13/14 of POCSO Act and Section 67- A, 67-B of IT Act.
2. Learned counsel for petitioner submits that the petitioner is in custody for last more than one year and eleven months and he has already learnt a lesson. He further submits that he will make
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sure that the appellant, if released on bail, may not indulge in any kind of criminal activity including cyber crime. At last, he submitted that the appellant is a young boy and was derailed due to influence of social media.
3. Aforesaid contentions were opposed by learned AAG and learned Public Prosecutor. He submits that the act of present petitioner is so grave and serious that he uploaded and used the nude photograph of victim and share with her father.
4. Heard learned counsel for petitioner and learned AAG. Perused the record.
5. After conviction in a matter arising out of FIR no. 153/2021 P.S. Mahila Thana, District Alwar first SOS application was dismissed by this Court on 31.10.2023. While dismissing the SOS application this Court observed as under:
"Considering the act and also the fact that appellant has not only misused whatsapp and other social media tools but also created a terror in the mind of a minor victim by forcing her to share nude photographs/videos and further to continue to contact with her, he attempted by sending these indecent material to her parents. Since this is a serious act of appellant, therefore, I am of considered view that looking to this type of act and the manner in which crime was committed to ruin life of a minor girl, the appellant is not entitled to be released on bail so that a clear message must be traveled to perpetrator like him that it is not so easy to play with life of minor victims by using
electronic/social media. Hence, there are no grounds to release on bail in the matter, therefore, looking to entirety of facts and circumstances, not inclined to grant bail to appellant."
6. Second SOS application was dismissed on 31.05.2024 wherein this Court has observed as under:
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"6. As per record, the appellant-accused remained in custody from 26.05.2021 to 15.09.2021 and now from 29.08.2023 onwards. Thus, till date he has undergone more than 1 year 1 month in custody. On 31.10.2023, this Court has dismissed the suspension of sentence application on the ground that the appellant has not only misused whatsapp and other social media tools to create a terror in the mind of a minor victim but he has also shared nude photographs of the minor victim to her father.
7. The act itself is a serious act which may be a fun fair event for the appellant but it is a serious incident for the family of victim and is also ruining the life of a minor girl who herself was not aware about the criminal act being committed with her.
8. Looking to gravity of the matter and also the fact that the POCSO Act, 2012 was enacted to protect the minor victims, it would not be appropriate to allow the appellant on bail so as to jeopardize the safety and interest of the minor victim."
7. Latest custody certificate submitted by learned AAG indicate that petitioner has served sentence of one year eleven months and twelve days against the awarded sentence of five years in the instant case. First two SOS orders clearly indicate that we have considered the entire material on record while dismissing the SOS applications. The material on record clearly reflects that this petitioner has not only created terror in the mind of victim but also ruined her prestige and reputation not only in the eyes of her family but in the eyes of other people.
8. Having considered the gravity of act committed by present petitioner, I am of the considered view that the petitioner is not entitled for release on bail on the grounds as raised by learned counsel for petitioner.
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9. In view of aforesaid, the third suspension of sentence application is hereby dismissed.
10. List appeal for hearing in the month of May, 2025.
11. Learned AAG has submitted that they have file compliance report of previous order dated 17.02.2025.
12. We have considered the same.
13. Whether training was imparted to all public prosecutors or not is required to be filed on record.
14. Learned AAG is directed to file compliance report of order within two weeks.
(ASHOK KUMAR JAIN),J
CHETNA BEHRANI /2
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