[2025:RJ-JP:21566] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 815/2025 In S.B. Criminal Appeal No. 997/2025 Vinod Kumar Son Of Hajari Lal, Aged About 25 Years, Resident Of Harnawda Shahji Police Station Harnawda Shahji District Baran (Raj) (At Present Confined In District Jail, Baran) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Girish Khandelwal with Ms. Swati Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 21/05/2025 1. The instant application for suspension of sentence is preferred by appellant-Vinod Kumar Son Of Hajari Lal in pending appeal filed aggrieved from order of conviction and sentence dated 08.04.2025 in Sessions Case No.46/2021 passed by learned Special Judge (POCSO Act Cases) No.1, Baran whereby appellant was convicted for offence under Sections 363 and 366 IPC and sentenced accordingly. 2. Learned counsel for appellant submitted that appellant is an innocent person and he was falsely implicated by complainant. He further referred the facts of the case and submitted that initially this report was registered by PW-3 (grandfather of victim) for [2025:RJ-JP:21566] (2 of 4) [SOSA-815/2025] elopement of victim and same was registered under Sections 363 and 366 IPC. He further submitted that there was no allegation of rape against the appellant and after examination of victim PW1 before the trial court the appellant was acquitted from charge under Section 376(2)(n) IPC and 3/4, 5(l)/6 of POCSO Act. He further submitted that statement of victim was recorded under Section 161 Cr.P.C. just after recovery and exhibited as exhibit P5 where no allegations were made against the appellant. He also submitted that the statement of victim clearly indicated that she has voluntarily left her home after annoyance with her family. He also submitted that victim herself mentioned that she is an adult female having age more than 21 years whereas the trial court has determined the age of victim between 17-18 years on the basis of statement of PW7 Himanshu Garg. He further submitted that the evidence of parents is contrary to record and the age of victim is more than actual age determined by the trial court. He also referred delay in lodging FIR to the police and submitted that this delay was not explained. At last he submitted that appellant accused was released on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he has submitted report received from concerned police station along with custody certificate and intimation slip and same are taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of report exhibit P7 lodged by PW-3, FIR No.24/2021 under Sections 363 and 366 IPC was registered at [2025:RJ-JP:21566] (3 of 4) [SOSA-815/2025] P.S. Harnavdashahji, Baran. During investigation victim was recovered and her statement under sections 161 and 164 Cr.P.C. were recorded. The victim was medically examined by PW-10 Dr.Hema Mitra and after concluding investigation charge sheet has been filed against appellant. After framing charge the prosecution has examined 12 witnesses and exhibited 20 documents. 2 documents were exhibited as exhibits C1 and C2. The accused was examined in the Section 313 Cr.P.C. and he has not submitted any defence evidence but 3 documents were exhibited by him. Total 8 articles were exhibited during trial. Learned Trial court has convicted the appellant under sections 363 and 366 IPC and the maximum sentence awarded to the appellant is 5 years. 6. This appellant was released on bail in pursuant to order dated 16.12.2021 in bail application number 20247/2021 and disposal of appeal will take its own time. The question of delay or age of victim can be considered at the time of final adjudication. We have considered the statement of victim recorded in the section 164 Cr.P.C. exhibited as exhibit P5. The age of victim was determined between 16-18 years. 7. At this stage it is not possible for us to express any opinion on merits of the case but looking to the facts and circumstances of the case it is a fit case wherein appellant and can be released on bail. 8. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Vinod Kumar Son Of Hajari Lal is suspended till disposal of appeal with the condition [2025:RJ-JP:21566] (4 of 4) [SOSA-815/2025] that he would 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 01.09.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. 2. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 3. That if the applicant(s) 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. 4. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 9. Misc. Application stands disposed of. 10. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /35