[2026:RJ-JP:13690] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2417/2025 In S.B. Criminal Appeal No.295/2025 Anil Tanwar S/o Shri Babulal Tanwar, Aged About 20 Years, R/o Ward No. 17, Jobner, Police Station Jobner, District Jaipur Rural (Raj.) (At Present Serving Sentence In Central Jail Bikaner) ----Appellant Versus State Of Rajasthan, Through P.P. ----Respondent For Appellant(s) : Mr. Santosh Kumar Soni For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 01/04/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of B.N.S.S. alongwith the appeal, to suspend the sentence awarded by the Court of learned Special Judge, Protection of Children from Sexual Offences, 2012 Act & Child Right Protection Commission Act, 2005, No.2, Sikar (Raj.) vide its judgment dated 15.01.2025, in Special Sessions Case CIS No.63/2023, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of twenty years rigorous imprisonment with fine. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case and has no [2026:RJ-JP:13690] (2 of 3) [SOSA-2417/2025] connection with the alleged offence(s). Counsel further contended that the appellant is in judicial custody since long time and the appellant was not on bail during trial. Counsel further submits that the FIR was lodged after an inordinate delay and that there are contradictions with regard to the age of the victim. He further contends that the matter pertains to a case of mutual consent and DNA report is not against present appellant. Counsel further submits that the learned Trial Court has not appreciated the evidence as well as facts & circumstances of the case holistically and the hearing of the appeal will take its own time to conclude, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal. Per contra, learned Public Prosecutor has vehemently opposed the application and submitted that the victim is a minor and has made explicit & unequivocal allegations against the present appellant. He further submitted that four cases are pending against the present appellant and, therefore, the application for suspension of sentence deserves to be dismissed. Heard learned counsel for both the parties and perused the statement of the victim recorded under Section 164 of Cr.P.C. & during trial and the material made available on record. Thus, without commenting upon the merits/demerits of the case and looking to the overall facts & circumstances of the case, more particularly the victim has made explicit & unequivocal allegations against the present appellant and there are criminal antecedents against the present appellant, this Court does not [2026:RJ-JP:13690] (3 of 3) [SOSA-2417/2025] deem it appropriate to suspend the sentence awarded to the appellant. Accordingly, the application for suspension of sentence is dismissed. (VINOD KUMAR BHARWANI),J SAURABH /53