[2025:RJ-JP:458] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 2372/2024 In S.B. Criminal Appeal No.681/2020 Balveer S/o Shri Kishanpal, Resident Of Gudra Police Station- Shivrajpura, Distgrict Kanpur (Uttar Pradesh) (Tenant-Rampura) (At Present-Central Jail-Alwar) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Ram Babu Kahndelwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/01/2025 1. Instant second application for suspension of sentence is filed on behalf of the appellant in pending appeal aggrieved from order of conviction and sentence dated 05.09.2019 in Sessions Case No. 99/2018 passed by learned Special Judge (POCSO Act, Cases) No. 4, Alwar whereby appellant was convicted under Sections 363, 366, 376 (2)(i) IPC and 5(m)/6 POCSO Act. 2. Learned counsel for petitioner submitted that appellant was convicted for a sentence of 10 years and by the time, petitioner has served more than 8 years. He also submitted that hearing of appeal will take its own time and after competition of 80 percent of sentence, petitioner is entitled to be released on bail. At last, he referred the merits of the case and submitted that matter be [2025:RJ-JP:458] (2 of 3) [SOSA-2372/2024] heard on priority basis to ensure justice on time with present appellant. 3. Aforesaid contentions were opposed by learned Public Prosecutor. 4. Heard learned counsel for appellant and learned Public Prosecutor. 5. On the basis of report Ex.P2 dated 26.03.2018, FIR No.177/2018 was registered at P.S. Bhiwadi, Dist. Alwar for sexual assault against a five year old victim by an unknown person. After registration of FIR, victim was medically examined. Present accused was arrested on 27.03.2018 and after a test identification parade on 03.04.2018, charge-sheet was filed against the petitioner. After framing of charge and recording of evidence of 13 witnesses, present petitioner was examined under Section 313 Cr.P.C. After considering the material on record, appellant was convicted under Sections 363, 366, 376(2)(i) IPC and 5(m)/6 of POCSO Act. Further accused was awarded sentence of 10 years under Section 5(m)/6 of POCSO Act. As per record, present petitioner is in custody since 27.03.2018 which is more than six and half years. First SOS application was dismissed by this Court on 10.05.2023 wherein we have considered merits of the case and also the proceedings after registration of case. The age of victim is around 5 years and there is no eye-witness to the incident but after registration of FIR when this appellant was arrested he was subjected to test identification parade and victim has identified present petitioner. 6. There is no change in circumstances which were discussed by this Court in order dated 10.05.2023. The petitioner has [2025:RJ-JP:458] (3 of 3) [SOSA-2372/2024] undergone more than 6 years but less than 7 years but looking to age of victim and also the medical report of victim, I am of considered view that this is not a fit case wherein a lenient approach be adopted against the petitioner. 7. Accordingly, second application for suspension of sentence is hereby dismissed. Misc. application stands disposed of. 8. List appeal for hearing before regular roaster in the month of February, 2025. (ASHOK KUMAR JAIN),J PREETI VALECHA /06