Kanwaljit Singh Ahluwalia, J.

1. Vijay Mehra has filed D.B. Cr. Misc. Suspension of Sentence Application No. 589/2019 praying that the sentence awarded upon him by the court of Special Judge, POCSO Act, No. 1, Kota be suspended and the applicant be released on bail.

2. The applicant/appellant Vijay Mehra was tried by the court of Special Judge, POCSO Act, No. 1, Kota and the said court vide impugned judgment dated 13.8.2018 convicted the appellant for the offences under Sections 376(2)(i) IPC read with Section 5(m)/6 of Protection of Children from Sexual Offences Act.

3. Having convicted the appellant for the aforesaid offences, the trial Judge vide a separate order of even date sentenced the appellant to undergo life imprisonment and to pay a fine of Rs. 50,000/-, in default of payment of fine to further undergo additional six months imprisonment.

4. Aggrieved against his conviction and sentence, the appellant has filed D.B. Cr. Appeal No. 410/2018.

5. Record has already been received from the trial court.

6. Mr. Govind Prasad Rawat, the learned counsel for the appellant has relied upon the testimony of Dr. Arun Sharma (P.W. 12) and medico-legal report submitted by him in respect of victim, a child aged 9 years.

7. After going through the testimony of Dr. Arun Sharma (P.W. 12) and medico-legal report (Exhibit-P/5), we were inclined to suspend the sentence, considering that the applicant is in custody since 8.7.2015 and has undergone about three years and nine months of actual sentence.

8. At this stage, Mr. Javed Choudhary, learned Public Prosecutor prayed that instead of suspending the sentence, appeal itself be decided since the record has been received from the trial court.

9. Learned counsel for the appellant has submitted that he is ready and willing to argue the appeal also.

10. On the joint request made by the learned counsel for the appellant and the learned Public Prosecutor, we proceed to decide the appeal [D.B. Cr. Appeal No. 410/2018].

11. The criminal proceedings in the present case were set into motion on the basis of written report (Exhibit-P/3) presented by Trilok Kanwar (P.W. 2) mother of the victim before Abdul Rashid (P.W. 8), who at the relevant time was incharge of Police Station RK Puram, Kota City. On the basis of written report (Exhibit-P/3), a formal FIR (Exhibit-P/4) bearing No. 263/2015 was registered at Police Station RK Puram, Kota City for the offences under Sections 376 IPC and Section 3/4 of POCSO Act. The written report (Exhibit-P/3) when translated into English, reads as under:-

"To

SHO

Police Station RK Puram, Kota

Dated 6.7.2015

Subject: Regarding lodging of the report.

Sir,

It is submitted that I am resident of village Rojari. Name of my daughter is (name withheld to protect her identity). She is aged 9 years. Today at about 2:00 PM, I and my husband Prahlad Singh had taken our son Dipanshu for taking medicine and exorcism (Jhada) to village Shivpura. My son Dipendra and my daughter were alone at the home. I and my husband returned at about 4:30 PM. My daughter told me that Vijay took her to the vacant house of Madam and made her lie on the mattress. Thereafter he removed her underwear. The accused also removed his pajama and had put his penis on her vagina. Upon which, she told Vijay that she is feeling pain. He gagged her mouth. Upon narration of the incident by our daughter, I and my husband called Dharmendra and confronted him with what was stated by our daughter. Upon which, Dharmendra told that he was also present at the spot but our daughter had not told him anything. Thereupon, I told Vijay that I will lodge the report at police station and shall take my daughter for the medical examination. At this, Vijay told that we should accompany him in his vehicle. I refused and said that we will not go with you. At this juncture, Vijay asked my daughter as to what she is saying and slapped my daughter. It is requested that the report be registered. Legal action be taken against Vijay. Dharmendra Sh