[2025:RJ-JP:20660] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 1528/2022 In S.B. Criminal Appeal No.2357/2022 Satveer Singh @ Sattu Son Of Shri Balveer Singh, R/o Village Sinsini Tehsil And Police Station Deeg District Bharatpur At Present Rent Holder House No. 5, Ganpati Vihar, Rakari Sodala Police Station Sodala, Jaipur (At Present Confined At Central Jail Jaipur) ----Appellant-Applicant Versus State Of Rajasthan, Through P.P. ----Respondent For Appellant(s) : None present For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Gaurav Gupta, AAAG None present for complainant HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/05/2025 1. None present for the appellant-applicant accused Satveer Singh @ Sattu Son of Shri Balveer Singh (hereinafter referred to as ‘the appellant’). 2. The instant suspension of sentence application is preferred by the appellant accused aggrieved from judgment of conviction and sentence dated 03.11.2022 in Sessions Case No.103/2020 passed by learned Special Judge, POCSO Act Cases, No.1, Jaipur Metropolitan-I, Jaipur whereby the appellant accused was convicted under Sections 3/4, 3/4(2) and 5(L)/6 of the POCSO [2025:RJ-JP:20660] (2 of 3) [SOSA-1528/2022] Act. The maximum sentence awarded to the appellant is 20 years. Despite several opportunities, the counsel for appellant accused is not present before this Court to argue the instant suspension of sentence application, which is pending since 2022. 3. This appellant accused was granted interim SOS on 25.04.2025 by this Court and date for arguments on SOSA fixed as on 05.05.2025. On 05.05.2025 and thereafter on 08.05.2025, learned counsel for the appellant remained absent and not argued the matter. 4. The appellant accused remained in custody since 26.08.2020 and his period of custody is more than 5 years, 2 months and 21 days. 5. On basis of FIR No.250/2020 registered at Police Station Sodala, District Jaipur, the police has filed a charge-sheet against the appellant accused and the prosecution has examined 12 witnesses and exhibited 20 documents in support of charge. The accused was examined under Section 313 CrPC and he himself examined as witness DW-1 and exhibited 3 documents. 6. The trial Court after considering the evidence on record has concluded that the date of birth of victim is 27.12.2005 and her age is less then 16 years on the date of incident. The victim was examined as PW-1 and she deposed that the appellant accused has committed rape with her on three occasions. The trial Court has believed the statement of victim who was medically examined by PW-5 Dr. Chitra Gidwani. Further DNA Report (Ex.C-2) was also filed on record. The DNA profile on stains found on underwear of victim was matching with DNA profile of the appellant accused. [2025:RJ-JP:20660] (3 of 3) [SOSA-1528/2022] 7. Having considered the fact that the victim has deposed against the appellant and her testimony is found to be trustworthy and her age is less than 16 years, therefore, looking to the material available on record, no case is made to enlarge the appellant accused on bail. The period of incarceration is more than 5 years but sentence is of 20 years and same is also not sufficient to allow SOS in view of facts of the case. 8. In view of the discussion made hereinabove, the suspension of sentence application preferred by the appellant accused Satveer Singh @ Sattu Son of Shri Balveer Singh is hereby dismissed. 9. List the criminal appeal for hearing in the month of October, 2025. (ASHOK KUMAR JAIN),J MR/3