[2025:RJ-JP:29615] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1337/2025 In S.B. Criminal Appeal No.1651/2025 Goriya @ Gajanand Son Of Shri Narayan, Aged About 31 Years, Resident Of Ward No. 17, Shankrpura Choraha Jinsi Road, Police Station Kotwali District Tonk (Raj) ----Petitioner Versus 1. State Of Rajasthan, State Of Rajasthan 2. Smt. Sita Devi wife of Shri Goruram Valmiki resident of ShankarpuraChoraha, Jinsi, Tonk, KotwaliTonk (Raj.) ----Respondent For Petitioner(s) : Mr. Sameer Sharma For Respondent(s) : MR. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/08/2025 1. The instant application for suspension of sentence is pre- ferred by appellant - Goriya @ Gajanand Son Of Shri Narayan in pending appeal filed aggrieved from order of conviction and sentence dated 11.04.2025 in Sessions Case No.107/2024 passed by learned Special Judge (POCSO Act Cases) Tonk whereby appel- lant was convicted for offence under Sections 323 and 447 IPC, Section 7/8, 11/12 of POCSO Act and Sections 3(1)(w)(i), 3(2) (va) of SC/ST (PoA) Act. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant is an innocent person and he [2025:RJ-JP:29615] (2 of 4) [SOSA-1337/2025] has been falsely implicated. He further submitted that due to free fight on 26.05.2024, report was registered on 03.06.2024 by com- plainant giving twist and color to the facts of the case. He further submitted that it was a case of simple assault and not a case of use of criminal force or case of sexual assault. He further submit- ted that trial court has determined the age of victim as 12 to 13 years but there is no cogent evidence about the age. He further submitted that injured have sustained some injuries and they were medically examined by doctor which clearly reflect that there was a minor altercation between the parties. He further submitted that by and large, the trial court has discarded the statement of complainant and victim and they were untrustworthy witnesses but still the trial court has convicted the accused without consider- ing that there is no cogent evidence which could be relied to record order of conviction. At last, he submitted that appellant is a poor person and he was released on bail during trial and disposal of appeal will take time. 3. Aforesaid contentions were opposed by learned Public Prose- cutor. He submitted custody certificate and same is taken on record. 4. Heard learned counsel for appellant and learned Public Pros- ecutor. Perused the record. 5. On the basis of report, Ex.P-1 filed by PW-5 (grandmother of victim) about assault by appellant at 10.00 P.M. with sexual intent, FIR No.202/2024 was registered at P.S.Kotwali, Dist. Tonk. After investigation, police has filed charge-sheet against appellant. After framing charge, prosecution has examined 12 witnesses and ex- [2025:RJ-JP:29615] (3 of 4) [SOSA-1337/2025] hibited 24 documents. The accused was examined under Section 313 Cr.P.C. but he has not submitted any defence evidence. 6. During course of trial, appellant was released on bail in pur- suant to order dated 19.03.2025 in bail application No.2414/2025 passed by a Co-ordinate Bench of this Court. We have considered statement of victim, her mother and her maternal grandmother (Nani) along with their cross-examination. The trial court has de- termined the age of victim as 12-13 years. In view of overall facts and circumstances of the case, it is a fit case to enlarge appellant on bail. 7. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be en- larged on bail. The application under Section 430(1) B.N.S.S. is al- lowed and sentence of appellant accused-Goriya @ Gajanand Son Of Shri Narayan is suspended till disposal of appeal with the condition that he would executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfac- tion of the learned trial Judge for his appearance in this court on 25.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not in- dulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. 2. That the appellants accused shall not contact or connect directly or indirectly with victim or any of her family member. [2025:RJ-JP:29615] (4 of 4) [SOSA-1337/2025] 3. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 4. That if the applicant(s) changes the place of residence, he will give in writing his changed ad- dress to the trial Court as well as to the counsel in the High Court. 5. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 6. In case, the applicant has violated any condi- tion, then the order of SOS shall be recalled and cancelled. 8. Misc. Application stands disposed of. 9. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /71