[2025:RJ-JP:30268-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 776/2025 IN D.B. Criminal Appeal No.185/2024 Roopchand Son Of Kishanlal, R/o Khajurana Kalan P.s. Anta District Baran (At Present Confined At Central Jail, Kota ----Petitioner Versus 1. State Of Rajasthan, Through Pp 2. Victim, R/o ----Respondents For Petitioner(s) : Mr. Abdul Kalam Khan. Ms. Simran Bhati For Respondent(s) : Mr. Sudesh Kumar Saini, Additional Government Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 06/08/2025 1. This suspension of sentence application has been filed by the applicant along with the appeal. 2. Counsel for the applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during the trial, the applicant was not on bail and the sentence of life imprisonment has been awarded to the applicant under Section 5 (G)/6 of POCSO Act and he is in judicial custody at Central Jail, Kota. He further submits that the applicant has been falsely implicated in this matter. He further submits that the age of the victim is doubtful as no birth certificate of the victim was produced before the learned Trial Court. He further submits that [2025:RJ-JP:30268-DB] (2 of 3) [SOSA-776/2025] according to the statement of the victim's father (PW-3), no birth certificate was ever made for his daughter and the age of the victim was mentioned by him at the time of her school admission, which was based on his own estimation. He further submits that according to the statement of school Principal (PW-4), where the victim had studied in Class 1st, it was admitted during his cross- examination that the admission form of the victim is no longer available as the said record has been destroyed. He further submits that the sentence of similarly situated co-accused person has already been suspended by this Court. He further submits that hearing of appeal may take long time and prayed that sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal. 3. It is informed by learned Additional Government Advocate that the complainant/victim has been duly informed about filing of the criminal appeal as well as present application for suspension of sentence. Despite intimation, no one has put in appearance on behalf of the complainant/victim. Report in this regard has also been submitted and the same is taken on record and learned Additional Government Advocate has opposed the suspension of sentence application. 4. We have heard counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the present case and also considering the statements of the father (PW-3) of the victim as well as school Principal (PW-4) recorded during trial and the fact that the sentence of similarly situated co-accused person has already been suspended by this Court and the hearing of [2025:RJ-JP:30268-DB] (3 of 3) [SOSA-776/2025] appeal may take long time, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 6. In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 28.08.2025 and thereafter as and when called upon to do so. 7. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (BHUWAN GOYAL),J (INDERJEET SINGH),J MG/24