[2025:RJ-JP:1891] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 80/2025 in S.B. Criminal Appeal No. 1319/2024 Mandeep Son Of Jaiveer Singh, Resident Of Gopalwaas, Police Station Badada, District Charkhi Dadri (Haryana) (At Present Confined At District Jail Bundi) ----Petitioner Versus State Of Rajasthan, Through The Pp ----Respondent For Petitioner(s) : Mr. Sudarshan Kumar Laddha For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/01/2025 1. Instant 2nd application for suspension of sentence is preferred by appellant-accused aggrieved from order of conviction and sentence dated 29.06.2024 in Sessions Case No. 122/2022 passed by learned Special Judge (POCSO Act Cases) No.1, Bundi whereby appellant was convicted under Sections 354-A, 354-C, 354-D, 384 IPC and Section 11/12 of POCSO Act and Sections 67-A, 67-B of IT Act and sentenced accordingly. 2. Learned counsel for appellant submits that appellant is an innocent person and he was falsely implicated by the complainant. He referred the First Information Report and also the statement of victim and submits that all point of time it was victim who placed a call on present appellant. He further submits that the Trial Court [2025:RJ-JP:1891] (2 of 3) [SOSA-80/2025] without considering the shabby investigation has observed that Investigating Officer has not taken care of proper investigation. He also referred statement of victim recorded as PW-2 and submits that there is no evidence of intimidating and black-mailing. At last, he submits that no record whatsoever was proved during evidence of prosecution which could nail present appellant for recording of video and also photographs. He further submits that appellant was sentenced to undergo imprisonment of 5 years and he has already served more than 6 months and the mother of victim has turned hostile and has not supported the case of prosecution. 3. Aforesaid contentions were opposed by learned Public Prosecutor. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of written complaint made by victim on 19.07.2022, FIR no. 113/2022 was registered at P.S. Kapren, District Bundi on 18.07.2022. After registration police has recorded statement of victim under Sections 161 and 164 Cr.P.C. The police has seized video from mobile of victim with certificate under Section 65-B of Indian Evidence Act. The appellant accused was arrested on 23.07.2022. 6. During trial, this appellant accused was released on bail in pursuant to order dated 30.09.2022 in bail application no. 13140/2022 by a Co-ordinate Bench of this Court. 7. The appellant-accused was convicted for the offence under IPC, POCSO and also under IT Act. A perusal of statement of victim recorded as PW-2 clearly indicate that she felt intimidated after her conversation with present appellant. Further, the video [2025:RJ-JP:1891] (3 of 3) [SOSA-80/2025] submitted by her and also received from seized mobile phone of accused clearly shows that the appellant-accused has recorded an obscene video while having conversation with victim. FSL report Ex. (P-20) also indicate that the video file clearly reflect that there was no tampering or editing. One Oppo F-7 phone was recovered from possession of present appellant and a memo Ex. P-21 was prepared by Investigating Officer. 8. After considering the defence and also the material placed on record this Court has dismissed the first application for suspension of sentence on 08.08.2024. It is quite strange that the appellant- accused has claimed defence on the basis of indecent chat/conversation on Whatsapp. This is not a case of indulging in any affair rather it is a case wherein appellant has not only intimidated but blackmailed and sexually abused the victim. 9. Looking to the gravity and seriousness of the matter, I am of the considered view that this is not a fit case wherein this appellant be enlarged on bail, after allowing SOS. 10. Hence, the second application for suspension of sentence is hereby dismissed. (ASHOK KUMAR JAIN),J MONU /04