[2025:RJ-JP:25539] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 819/2024 in S.B. Criminal Appeal No. 960/2024 Suresh Bairwa S/o Brijmohan, R/o Kotra Deepsingh P.s. Budhadit District Kota At Present Shivnagar Colony Modak Village P.s. Modak District Kota (At Present Confined In Central Jail, Kota District Kota) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Nitin Kumar Sharma with Mr. Gourav Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/07/2025 1. Instant SOS application is preferred by petitioner accused Suresh Bairwa in pending appeal filed aggrieved from judgment of conviction and sentence dated 24.04.2024 in sessions case no. 32/2021 passed by learned Special Judge, POCSO Act cases no.5, Kota whereby this appellant accused was convicted under Sections 363, 366-A, 354, 376AB/511 IPC alternatively Section 5/18, 9/10 of POCSO Act. The maximum sentence awarded to this appellant is 10 years. 2. Learned counsel for appellant submits that the appellant accused is an innocent person and he has been falsely implicated [2025:RJ-JP:25539] (2 of 4) [SOSA-819/2024] by complainant. He further submitted that the entire story is false and there is no injury on body of victim PW-1. He further submitted that the cross-examination of PW-1 clearly suggests that no incident is reported by her soon after alleged incident and moreover, mother of victim has registered a case only on the basis of animosity. He also referred evidence of PW-7 Dr. Rekha and submitted that no injuries were found on body of victim. He further submitted that only due to animosity with Raju the instant case has been registered against the appellant. He also submitted that this appellant accused was released on bail during trial and disposal of appeal will take its own time. He further submitted that out of 17 criminal cases registered against the appellant almost all were disposed of and appellant was acquitted from said cases. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he referred 17 criminal cases out of which 5 were relating to offence against the woman. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of report, Ex.P/1 lodged by PW-1 father of victim on 06.10.2020 about incident of sexual assault with minor daughter by appellant accused, FIR No. 169/2020 was registered at P.S. Modak, Dist. Kota. After investigation, police has filed a charge-sheet against appellant. After framing charge, prosecution has examined 13 witnesses and exhibited 21 documents and one article. The trial court has exhibited one document. The accused was examined under Section 313 Cr.P.C. but he has not submitted [2025:RJ-JP:25539] (3 of 4) [SOSA-819/2024] any defence evidence but exhibited two documents The appellant accused was convicted and sentenced. 6. The victim is examined as PW-1 whereas her school record was exhibited and proved by PW-4 Mamta Meena and the trial court after considering the evidence has determined the age of victim as seven years three months and 28 days. Thus, the age of victim is less than 10 years. 7. After report Ex. P/1, statement of victim was recorded under Section 164 Cr.P.C. and exhibited as Ex. P/5. The evidence of victim suggests that accused has tried to remove her lower (salwar) but on her hue and cry people were collected and rescued her. Said victim was examined as PW-1 and we have considered her statement recorded by learned trial court. There is consistency in the statement from 164 Cr.P.C. to PW-1 and the evidence suggests that accused has tried to remove her lower (salwar) but on hue and cry victim was rescued and no harm was done. 8. The record submitted by learned public prosecutor suggests that 17 criminal cases were registered against this appellant and out of which six cases resulted into conviction whereas six cases resulted into acquittal and no detail is available about four cases and one case is pending before the trial court. It also suggests that four cases relating to offence against the women were registered against the appellant accused. This appellant accused was released on bail in pursuant to order dated 13.01.2022 in bail application no. 611/2022 by a Co-ordinate Bench of this Court but looking to criminal antecedents and also the sexual assault on tender aged victim, I am of the considered view that this is not a [2025:RJ-JP:25539] (4 of 4) [SOSA-819/2024] fit case wherein indulgence of bail (SOS) can be granted to this appellant accused. 8. Hence, the instant application for suspension of sentence preferred by appellant Suresh Bairwa is hereby dismissed. 9. List appeal for hearing in the month of November, 2025. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /30