[2025:RJ-JP:19562] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 814/2025 in S.B. Criminal Appeal No. 1610/2023 Gautam Katewa Son Of Shri Vikram Singh, Aged About 24 Years, Resident Of Village Kanwarpura, Post Bhakhtawarpur Police Station Baggad District Jhunjhunu (Rajasthan) (Presently Confined In Central Jial, Jaipur) ----Petitioner Versus 1. State Of Rajasthan, Through PP 2. Victim, R/o ----Respondents For Petitioner(s) : Mr. Rajneesh Gupta with Mr. Shiv Kumar Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/05/2025 1. Instant second application for suspension of sentence is preferred by appellant-accused Gautam Katewa son of Shri Vikram Singh in pending appeal aggrieved from order of conviction and sentence dated 30.05.2023 in sessions case No. 11/2021 passed by learned Special Judge (POCSO Act Cases) No.3, Jaipur whereby appellant was convicted for offence under Sections 376 IPC and sentenced accordingly. 2. First application for suspension of sentence was dismissed on 08.07.2024. [2025:RJ-JP:19562] (2 of 4) [SOSA-814/2025] 3. Learned counsel for appellant while referring the order dated 10.07.2023 in sessions case No. 32/2020 passed by learned Special Judge, POCSO Act Cases, Jhunjhunu submits that same victim has also registered another FIR in Jhunjhunu District and learned Special Judge, POCSO Act Cases has acquitted the appellant-accused from all charges. He further submits that this is second case registered by same victim. He submitted that in first case the appellant-accused was acquitted by the Trial Court but in instant case on identical evidence, appellant-accused was convicted by another POCSO Court. He further submits that the victim is an adult female and she was erroneously adjudged as minor on date of incident. He also submits that the evidence on record clearly suggests that the victim has called the accused and at the most, at instance of victim, the appellant-accused accompanied victim. He also referred the improvement of statement by victim and submitted that her testimony is not trustworthy. At last, he submits that the maximum sentence awarded to present appellant is 10 years and he has already served more than 5 years and 2 months, therefore, he is entitled to be released on bail in the facts and circumstances of the case. 4. Aforesaid contentions were opposed by learned Public Prosecutor. He also submitted latest custody certificate and same is taken on record. Perused the material available on record. 5. Aggrieved from judgment of conviction under Sections 376 IPC and 3/4 POCSO Act, instant appeal is preferred by appellant- accused. The maximum sentence awarded to appellant-accused is 10 years. The period of incarceration as per custody certificate is more than 5 years and 3 months. This appellant-accused has also [2025:RJ-JP:19562] (3 of 4) [SOSA-814/2025] faced trial in sessions case No. 32/2020 registered by same victim for elopement of victim on 17.03.2020. The Special Judge, POCSO Act cases, Jhunjhunu has acquitted the appellant-accused in sessions case No. 32/2020 and judgment dated 10.07.2023 is placed on record. First application for suspension of sentence was dismissed on 08.07.2024 but instant second application for suspension of sentence is preferred and the main ground is 50% of the total sentence undergone by appellant-accused. 6. Having considered the facts and circumstances of the case particularly period of incarceration, it is appropriate to allow second application for sentence of sentence of present appellant. 7. In view of discussion made hereinabove, the 2nd suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-applicants accused Gautam Katewa son of Shri Vikram Singh is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 20.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellant-accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. 2. That the appellant-accused shall not contact or connect directly or indirectly with victim or any of her family member. [2025:RJ-JP:19562] (4 of 4) [SOSA-814/2025] 3. That the appellant will appear before the Trial Court in the month of January of every year till the appeal is decided. 4. 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. 5. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 8. In case, the applicants have violated any condition then the order of suspension of sentence shall be recalled and canceled. 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 MONU /36