[2025:RJ-JP:35911-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 3rd Suspension Of Sentence Application No. 1522/2025 IN D.B. Criminal Appeal No.51/2020 Rakesh Kumar S/o Shri Sadilal, Aged About 30 Years, R/o Prathyakhedi, Police Station Sadar Jhalawar (Raj) (At Present Confined In Central Jail, Kota) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Govind Prasad Rawat. For Respondent(s) : Mr. Jitendra Singh Rathore, Additional Government Advocate assisted by Ms. Neha Goyal. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 08/09/2025 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 on bail and the sentence of life imprisonment has been awarded to the applicant under Section 376 (2)of IPC and 5(L)/ 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 and he has served the sentence for more than 10 years. He further submits that the [2025:RJ-JP:35911-DB] (2 of 3) [SOSA-1522/2025] 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. Learned Additional Government Advocate has opposed the suspension of sentence application and submits that it is a case of Gang rape with minor girl. He further submits that earlier 2nd suspension of sentence application was dismissed on merits by this Court vide order dated 24.10.2024 and after dismissal of the said application, there is no change in the circumstances of the present case. 4. Heard counsel for the parties and perused the material available on record. 5. The applicant’s 2nd suspension of sentence application was dismissed by this Court on 24.10.2024, which reads as under:- “1. Accused-applicant has preferred this Second Application for Suspension of Sentence. 2. Heard on Second Application for Suspension of Sentence. 3. It is informed by learned Additional Government Advocate that the victim has been intimated about filing of this Second Application for Suspension of Sentence. Despite intimation, no one has put in appearance on behalf of the victim. Report in this regard has also been submitted and the same is taken on record. 4. It is contended by learned counsel for the applicant that the FSL report does not connect the applicant with the crime. It is also contended that the applicant was not named in the FIR. 5. Learned Additional Govt. Advocate has opposed the Second Application for Suspension of Sentence and it is contended that there is specific allegation against the applicant of taking away the victim under threat. It is also contended that the human semen was detected from the undergarments of the victim as well as the applicant. [2025:RJ-JP:35911-DB] (3 of 3) [SOSA-1522/2025] 6. We have considered the contentions. 7. Taking note of the fact that the victim has specifically deposed about the commission of offence of gang rape with her and is below 18 years of age and the First Application for Suspension of Sentence was dismissed on merits, hence, we are not inclined to entertain the second application for suspension of sentence. 8. Criminal Misc. Second Application for Suspension of Sentence is accordingly, dismissed.” 6. Considering the submissions put-forth by counsel for the parties and taking into account the facts and circumstances of the present case, we find that except the period of custody there is no change in the circumstances after dismissal of earlier suspension of sentence application, therefore, without expressing any opinion on merits of the case, no case is made out to suspend the sentence of the applicant as prayed for. 7. Hence, the present 3rd suspension of sentence application stands dismissed. (BHUWAN GOYAL),J (INDERJEET SINGH),J MG/43