[2025:RJ-JP:22800] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 810/2025 In S.B. Criminal Appeal No.3134/2024 Sahil S/o Nisar, Aged About 20 Years, R/o Near Secondary Adarsh School Village Jhilay Police Station Niwai District Tonk (Rajasthan) (At Present Confined In District Jail Tonk) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Ajay Yadav For Respondent(s) : Mr. Devi Singh Yadav, PP with Mr. Gaurav Gupta, AGA HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/05/2025 1. The instant application for suspension of sentence is preferred by the appellant-applicant accused Sahil S/o Nisar (hereinafter referred to ‘the appellant’) in pending appeal aggrieved from order of conviction and sentence dated 12.11.2024 in Sessions Case No.19/2024 passed by learned Special Judge, POCSO Act Cases, Tonk whereby the appellant was convicted for offence under Sections 341, 456, 509 of IPC and Sections 7/8 and 11/12 of POCSO Act and Section 67B of IT Act. The maximum sentence awarded to the appellant is five years. 2. Learned counsel for the appellant submits that the appellant is an innocent person and he was falsely implicated by [2025:RJ-JP:22800] (2 of 4) [SOSA-810/2025] complainant. He further submits that the appellant accused was on bail during trial and he has not misused the liberty granted to him and he also submits that the disposal of appeal will take its own time and maximum sentence awarded to the appellant is 5 years. He further submits that there was a delay in lodging the report and the reasons were not explained. He further submitted that the prosecution has claimed that victim was minor on date of incident but from the evidence on record the age of victim was not proved by PW-1 Vijay Singh Headmaster. He also referred statement of PW-5 father of victim and submitted that two date of birth were claimed by father of victim and according to first date of birth 20.09.2003, the victim was adult and not a child. The certificate of date of birth is not filed on record. He also referred the consent of victim and he submits that the victim herself has shared her photo/video to appellant accused, and the appellant accused cannot be held responsible for sharing any photograph or video. He also referred the contradictions and discrepancies and submitted that the appellant has a good case to succeed in the appeal. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He has submitted report received from the concerned Police Station Niwai along with intimation slip to complainant and custody certificate. 4. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the record. 5. On basis of report Ex. P-5 submitted by victim PW-2 about sexual assault and capture of some nude photograph by appellant accused, FIR No.464/2023 was registered at Police Station Niwai [2025:RJ-JP:22800] (3 of 4) [SOSA-810/2025] District Tonk on 02.10.2023 and after investigation, a chargesheet has been filed against the appellant accused. After framing the charge, the prosecution has examined 12 witnesses and exhibited 31 documents. The accused was examined under Section 313 CrPC and he has not submitted any defence evidence but exhibited one document Ex.D-1. The trial Court has convicted and sentenced the appellant accused. 6. The age of victim was determined by the trial Court on basis of evidence on record and also considering Section 94 of JJ Act. The trial Court has observed that the victim was less than of 18 years of age. The date of birth was proved as 02.09.2005. The evidence indicate that the parents of victim were married in 2001 and after 2 and half years, first child was born and thereafter two years later this victim was born and it comes to 2005. Any objection about the determination of age can be considered at the time of final adjudication but when a victim is less than 18 years of age then the POCSO Act is attracted. 7. The victim in her evidence has clearly stated sexual assault by the appellant accused. Moreover, some photographs were also exhibited by prosecution. An FSL Report Ex. P-31 and Ex.P-30 are also available on record. 8. Having considered the evidence of victim PW-2, PW-3 Amarchand Chand (H.C.), PW-6 Shankar Lal, PW-10 Rajesh, PW- 11 Haripal Singh (I.O.), I am of considered view that the matter pertains to sexual assault with a minor victim and also capturing of her indecent photographs and using them to ruin her life therefore, it is not a fit case wherein indulgence of bail can be granted to the appellant accused. [2025:RJ-JP:22800] (4 of 4) [SOSA-810/2025] 9. Hence, the instant suspension of sentence application filed by the appellant accused Sahil is hereby dismissed. 10. List the appeal for hearing in the month of November, 2025. (ASHOK KUMAR JAIN),J MR/14