[2025:RJ-JP:43321] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 2155/2025 in S.B. Criminal Appeal No.2853/2024 Sunny S/o Rama, R/o Dharuheda Chungi, Rewadi, Police Station City Rewadi, District Rewadi, Haryana. (At Present Confine In Central Jail, Alwar) ----Petitioner Versus State Of Rajasthan, Through PP. ----Respondent For Petitioner(s) : Mr. Gajender Singh Rathore Ms. Neetu Mathur Mr. Rohit Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 29/10/2025 1. Instant 2nd SOS application is preferred by applicant-accused Sunny S/o Rama in pending appeal, filed aggrieved from judgment of conviction and sentence dated 23.07.2024 in Sessions Case No.49/2023 passed by learned Special Judge (POCSO Act Cases) No.3, Alwar, whereby, the applicant-accused was convicted and sentenced under Sections 363, 366, 376 IPC and 3/4 POCSO Act. 2. The first application for suspension of sentence was dismissed by this Court on 08.04.2025 and now, second application for suspension of sentence is preferred by applicant who is in custody since 06.04.2024. [2025:RJ-JP:43321] (2 of 4) [SOSA-2155/2025] 3. Learned counsel for applicant submits that after dismissal of first application on 08.04.2025, the criminal appeal has not come- up for hearing before the Hon’ble Court and applicant is in custody for last more than one year and 9 months. He also submits that present applicant was granted bail during Trial and he has not misused the liberty granted to him. He further submits that the Trial Court has ignored the material contradictions and discrepancies which goes to the root of the matter and sufficient to secure an order of acquittal from this Hon’ble Court. 4. Aforesaid contentions were opposed by learned Public Prosecutor and she submitted custody certificate along with intimation slip to complainant. 5. Heard learned counsel for applicant along with learned Public Prosecutor. Perused the material placed on record. 6. While considering first application for suspension of sentence on 08.04.2025, referring the facts and grounds raised before the Court has observed as under:- “4. On basis of report dated 20.02.2023 (Ex.P-7) submitted by PW-3 (mother of victim) FIR No.47/2023 was registered at P.S. Mandan, District Alwar. After investigation, a charge-sheet under Sections 363, 366, 376 IPC and 3/4 POCSO Act was filed against the present appellant. The prosecution has examined 19 witnesses and exhibited 27 documents and applicant- accused was examined under Section 313 Cr.P.C. Three documents exhibited in defence. After trial, the applicant-accused was convicted and sentenced under Sections 363, 366, 376 IPC and 3/4 POCSO Act. The maximum sentence awarded is rigorous imprisonment of 10 years. 5. As per custody certificate, the applicant has undergone sentence of more than one year and three months. The applicant-accused was on bail during trial in pursuant to order dated 24.05.2023 in bail application No.6290/2023. Herein, this case, the report was registered by PW-3 (mother of victim), when victim was enticed away by present applicant- accused. After this report (Ex.P-7), victim was [2025:RJ-JP:43321] (3 of 4) [SOSA-2155/2025] recovered and her statement under Section 164 Cr.P.C. was recorded and same was exhibited as Ex.P- 6. In her statement, victim has denied any incident. But the evidence on record suggests that victim was found pregnant at the time of examination by PW-5 (Dr. Pratibha Yadav). 6. The statement of PW-2 (victim), PW-3 (mother of victim), PW-15 (Ishwar) and PW-18 (father of victim) indicate that there was a relationship of “Mama” and “Bhanji” between applicant-accused and victim. The victim remained in company of present applicant, as no other person was named in the incident. The victim has initially blammed family atmosphere and pressure to flee from her home but when she deposed as PW-2 before the learned Trial Court then she made it clear that applicant-accused has forcefully married her. The admission also indicate that victim and her mother were not in favour of medical examination. The reason may be obvious because the applicant-accused was a close relative from mother’s side of victim. 7. The applicant-accused was on bail during trial and there is no material to infer that he misused the liberty, but the case in hand clearly indicates that applicant and victim are close relatives and the victim got pregnant due to penetrative sexual assault, by accused though no FSL (DNA) report is available on record. The victim and other witnesses has named present appellant for act committed with victim. The age of victim is determined on basis of date of birth 04.08.2005. The appellant has referred DOB as 04.08.2004, on basis of certificate of marriage issued by Arya Samaj. Age of victim can be determined on basis of provision under Section 94 of JJ Act and not otherwise.” 7. The victim and the appellant are close relatives and victim got pregnant due to penetrative sexual assault by applicant. The material considered by the Trial Court indicate that the Trial Court has not only placed reliance upon statement of victim PW-2 but also considering a fact that accused and victim are Mama-Bhanji and victim has sustained pregnancy because of physical relation by present petitioner and Trial Court also placed reliance upon a fact that the victim was lured and enticed by present applicant to [2025:RJ-JP:43321] (4 of 4) [SOSA-2155/2025] enter into an agreement of marriage for registration by the Arya Samaj. 8. Having considered the material placed on record and seriousness of the offence, I am of the considered view that no case is made out for grant of SOS on merits. As regards to period of custody is concerned, the custody certificate indicate that applicant has undergone one year 9 months and 28 days against the awarded maximum sentence of 10 years and same is not sufficient to consider that applicant has undergone substantive part of the sentence. 9. As a result, the SOS application preferred by applicant- accused Sunny S/o Rama is hereby dismissed. 10. List this criminal appeal for hearing in the month of January 2026. (ASHOK KUMAR JAIN),J MONU /05