[2025:RJ-JP:36269-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2190/2024 In D.B. Criminal Appeal No.213/2023 Omprakash @ Omi @ Gunga Son Of Shri Phool Chand, Aged About 44 Years, Resident Of Village Ajabpura, Police Station Narayanpur, District Alwar (Rajasthan) Presently Confined In Dis- trict Jail, Alwar (Raj.) ----Applicant Versus State Of Rajasthan, Through P.p ----Respondent For Applicant(s) : Mr. Aatish Jain For Respondent(s) For Complainant(s) : : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Manvendra Singh Shekhawat, Dy. GA Mr. Nikhil Saini HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 09/09/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Counsel appearing on behalf of the accused-applicant sub- mits that the accused-applicant has been convicted under Sections 363, 366-A, 376-AB of IPC and Section 5(M)/6 of POCSO Act and accused-applicant has been sentenced to undergo life imprison- ment for the offence under Section 5(M)/6 of POCSO Act. 3. Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect [2025:RJ-JP:36269-DB] (2 of 2) [SOSA-2190/2024] that accused-applicant is in judicial custody. Counsel submits that the accused-applicant has falsely been involved in this case. Counsel further submits that according to Section 318 of CrPC, the judgment passed by the trial Court deserves to be set aside. He also submits that hearing of the appeal may take a long time. Therefore, he prayed that sentence awarded to the accused-applicant may be suspended and the accused-applicant be released on bail during the pendency of the appeal. 4. Learned GA-cum-AAG assisted by learned counsel for the complainant opposed the present application for suspension of sentence. 5. We have heard counsel for the parties and perused the record. 6. Considering the facts and circumstances of the present case; the fact that age of victim was five years at the time of incident and in her statement recorded during trial, she has leveled allegation of committing wrong act with her against the accused- applicant and also considering DNA report Exhibit-P-20, no case is made out to allow this suspension of sentence application. 7. Hence, the application for suspension of sentence stands dismissed. (BHUWAN GOYAL),J (INDERJEET SINGH),J PAYAL DHAWAN /21