[2025:RJ-JP:8117-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2343/2024 In D. B. Criminal Appeal No.23/2024 Saikul Khan S/o Ashu Khan, Aged About 35 Years, Resident Of Khati Ka Baas Police Station Tapukada, District Alwar, Rajasthan ----Applicant Versus State Of Rajasthan, Through Pp ----Respondent For Applicant(s) : Mr. Dinesh Yadav, Adv. For Respondent(s) : Mr. Vivek Sharma, Addl.G.A. Mr. Gaurav Gupta, Asst. G.A. Ms. Neha Goyal, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 24/02/2025 1. Accused-applicant has preferred this application for suspension of sentence. 2. Heard on application for suspension of sentence. 3. Learned counsel for the applicant submits that the applicant is behind the bars for more than one year. Learned counsel for the applicant further submits that initially, after completion of investigation, Investigating Officer had not found any offence(s) to be made out against the applicant. The trial court took cognizance against the applicant regarding alleged offence(s) after recording the statements of victims/prosecutrix. Learned counsel for the applicant also submits that there is a major contradiction in the [2025:RJ-JP:8117-DB] (2 of 3) [SOSA-2343/2024] statements of the witnesses. Victims had not levelled the allegation of rape against the applicant in their statements recorded under Section 161 Cr.P.C. They had improved their version during the trial. Hearing of appeal may take long time. So sentence awarded to the accused applicant be suspended during the pendency of the appeal. 4. Learned Additional Government Advocate has opposed the arguments advanced by learned counsel for the applicant and submitted that victim ‘A’ in her statements had levelled the allegation of rape against the accused applicant as well as other co-accused. It is a case of gang rape. Learned Additional Government Advocate further submitted that at the time of incident, prosecutrix were minor. Learned Additional Government Advocate also submitted that application for suspension of sentence of similarly situated co-accused applicant Rahul S/o Kurshid has been dismissed by a Co-ordinate Bench of this court vide order dated 02.07.2024. So, looking to the gravity of offence(s), suspension of sentence application filed by the applicant be dismissed. 5. We have considered the arguments advanced by learned counsel for the applicant as well as learned Addl.G.A. 6. Considering the facts and circumstances of the present case and the facts that both the victims were minor, aged about 13 & 14 years at the time of incident. The victim ‘A’ in her statements had levelled the allegation of rape against the applicant. So, looking to the gravity of offence(s) and nature of allegation(s), we do not consider it a fit case to suspend the sentence awarded to the accused applicant during the pendency of the appeal. [2025:RJ-JP:8117-DB] (3 of 3) [SOSA-2343/2024] 7. Hence, Criminal Misc. Suspension of Sentence Application is dismissed. (BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J Tahir-Gourav/16