[2026:RJ-JP:26293-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 289/2026 In D.B. Criminal Appeal No. 431/2019 URN: SOSA / 600U / 2026 Lakhan Son Of Dharampal Aheer, R/o Manda, Ramganj Mandi, Kota Rural (Raj.) (At Present In Central Jail, Kota) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Surendra Sharma For Respondent(s) : Mr. Amit Kumar Punia, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE RAVI CHIRANIA Order 13/07/2026 This suspension of sentence application under Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the accused-applicant (for brevity, ‘the applicant’) along with the appeal. The applicant has been convicted and sentenced by the learned Special Judge, Protection of Children from Sexual Offences and Commission for Protection of Child Rights Act, No.5, District Kota (for brevity, ‘learned Trial Court’) vide judgment dated 10.10.2019 in Special Sessions Case No.38/2018 CIS No.542/2018 as under:- [2026:RJ-JP:26293-DB] (2 of 3) [SOSA-289/2026] Section 450 IPC:- Ten Years’ rigorous imprisonment and fine of Rs.5,000/-; in default whereof, six months’ additional simple imprisonment. Section 376(A)(B) IPC read with Section 5(m)/6 of Protection of Children from Sexual Offences Act, 2012:- Life imprisonment which shall mean remainder of his natural life and fine of Rs.20,000/-; in default whereof, two years’ additional simple imprisonment. Sentences to run concurrently. Learned counsel for the applicant submits that he has falsely been implicated in this case. Inviting attention of this Court towards the testimony of victim ‘Z’, he would submit that same is full of contradictions and does not inspire confidence that she was subjected to sexual assault by him. He also submits that contents of the FIR does not disclose the commission of offences under Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012. Lastly, learned counsel submits that he is in custody for a period of about 9 years and prays for suspension of sentence. Per contra, learned Public Prosecutor opposed the prayer. Heard. Considered. In the instant case, the allegations against the applicant is of subjecting a five years’ old girl to penetrative sexual assault (licking her private part). We have gone through the testimony of victim ‘Z’ and find it to be natural and trustworthy. She has levelled specific allegations against the applicant of licking her private part. In view thereof, we do not find it to be a fit case for suspension of sentence awarded to the applicant. [2026:RJ-JP:26293-DB] (3 of 3) [SOSA-289/2026] Accordingly, the suspension of sentence application is dismissed. However, since the paper book is ready, looking to the period of his incarceration, we direct the Office to list the appeal for hearing after a week. (RAVI CHIRANIA),J (MAHENDAR KUMAR GOYAL),J 156-s/Dushyant