[2025:RJ-JP:25423] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 159/2025 In S.B. Criminal Appeal No.2052/2024 Alok Bairwa @ Chintu S/o Nathulal, R/o Alkodiya, P.s. Talera, Bundi (Raj). (At Present Confined In District Jail Bundi). (Raj). ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Govind Lal Choudhary For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/07/2025 1. The instant application for suspension of sentence is preferred by appellant - Alok Bairwa @ Chintu S/o Nathulal in pending appeal filed aggrieved from order of conviction and sentence dated 23.07.2024 in Sessions Case No.20/2020 passed by learned Special Judge (POCSO Act Cases) No.5, Kota whereby appellant was convicted for offence under Sections 363, 366, 376, 120B rws 376 IPC and Section 3/4, 11/12, 16/17 rws 3/4 POCSO Act and sentenced accordingly. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant is an innocent person and he has been falsely implicated by complainant. He further submitted that SOS application of co-accused Suraj was allowed by this Hon’ble Court on 15.10.2024. He also submitted that the trial [2025:RJ-JP:25423] (2 of 5) [SOSA-159/2025] court has determined the age of victim on the basis of date of birth as 25.09.2002 and her age is determined as 16-18 years. He further referred cross-examination of PW-18 Ikram Hussain and submitted that he has failed to prove age of victim in accordance with law but trial court has determined the age on the basis of his evidence. He further referred cross-examination of PW-5 victim and submitted that her admission clearly indicated that appellant is known to her and she is having friendship and regularly communicating on phone with accused. He further referred cross- examination and submitted that victim has voluntarily left her home and was consenting party to the entire incident. He further referred her cross-examination and submitted that even while moving in public place, she has not raised any alarm about use of force. He further submitted that only because of friendship, this victim has forced appellant for elopement. He also submitted that she has not handed over her underwear and other clothes to police but police has seized clothes of victim for FSL examination and same is contrary to evidence of PW-5. He further referred evidence of PW-15 Dr. Namita Goyal that no use of force was found on genital of victim as there were no injuries. He further submitted that there is no independent witness to show rape by appellant. He also referred cross-examination of other prosecution witnesses and submitted that discrepancies and contradictions were ignored by learned trial court. At last, he submitted that appellant was on bail during trial and disposal of appeal will take its own time. [2025:RJ-JP:25423] (3 of 5) [SOSA-159/2025] 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of report dated 16.07.2019 filed by PW-1 brother of victim about elopement of 17 years old girl from 15.07.2019, FIR No. 330/2019 at P.S. Kaithoon, Dist. Kota. After investigation, police has filed charge-sheet against appellant. After framing charge, prosecution has examined 22 witnesses and exhibited 25 documents and one article. The accused was examined under Section 313 Cr.P.C. but he has not submitted any defence evidence but exhibited 2 documents in defence. Learned trial court has convicted appellant Alok under Sections 363, 366, 376, 120B rws 376 IPC and Section 3/4, 11/12, 16/17 rws 3/4 POCSO Act and Suraj under Sections 363, 366, 120B IPC and 11/12, 16/17 rws 3/4 of POCSO Act. The maximum sentence awarded to present appellant is 10 years. 6. Co-accused Suraj Kumar, who was not directly charged for rape was released on bail in pursuant to order dated 15.10.2024 in SOS Application No.1277/2024. The appellant was released on bail in pursuant to order dated 05.11.2019 in bail application No.14184/2019 during trial. The trial court has determined the age of victim on the basis of date of birth as 25.09.2002 and as per evidence of PW-18, the age of victim is 16 to 18 years. 7. We have considered evidence of victim PW-5, particularly her cross-examination along with medical evidence. Also considered [2025:RJ-JP:25423] (4 of 5) [SOSA-159/2025] other evidence referred during course of arguments by learned counsel for appellant. 8. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail. 9. Therefore, application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Alok Bairwa @ Chintu S/o Nathulal 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 satisfaction of the learned trial Judge for his appearance in this court on 30.10.2025 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 indulge 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 appellant accused shall not contact or connect directly or indirectly with victim or any of her family member. 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, hey will give in writing his changed address to the trial Court as well as to the counsel in the High Court. [2025:RJ-JP:25423] (5 of 5) [SOSA-159/2025] 5. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 10. Misc. Application stands disposed of. 11. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /29