The court considered the prolonged incarceration and discrepancies in the prosecution's case as grounds for granting bail and suspending the sentences.

JUDGMENT

1. The appellant herein has been convicted and sentenced as below vide judgment dated 15.02.2020 passed by the learned Special Judge, Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Commission for Protection of Child Rights Act, 2005, Bikaner in C.I.S. Case No. 41/2018:

2. He has preferred the Appeal No. 106/2020 for challenging his conviction as recorded by the trial court. The instant application for suspension of sentences has been moved on behalf of the appellant under Section 389 Cr.P.C. with a prayer to release him on bail, during pendency of the appeal.

3. Learned Public Prosecutor has filed reply to the application for suspension of sentences as per which, the appellant has suffered actual imprisonment of 8 years 9 months and 6 days as on 08.11.2021 and thus, by now, the custodial period of the appellant has crossed the threshold of 9 years.

4. Brief facts relevant and essential for disposal of the application for suspension of sentence are noted herein below:

An FIR (Ex. P/14) came to be filed at Police Station Khajuwala on 26.04.2013 with allegations that the victim and the minor son of the complainant Master 'O' both used to study in 8th Standard in J.R. Dhagar English Medium School, 25 K.Y.D. The complainant was informed by his son Master 'O' that Rajesh Dhagar took him (Master 'O'), the victim and one another girl 'S' to the school on 05.04.2013. Both the girls were taken to the room behind 8th Standard classroom and there, Rajesh indulged in intercourse with them. Master 'O' allegedly saw this act and further informed the complainant that Rajesh Teacher often took the two girls to the school in his jeep and would subject them to intercourse. He would then threaten the boy and the girls of dire consequences if they spoke out regarding these acts. In this sequence, Rajesh took the victim, Master 'O' and Mst. 'S' to the school on 11.04.2013 even though it was a holiday. There, both the girls were subjected to sexual assault behind the 8th Standard classroom. Master 'O' was given a motorcycle and a sum of Rs. 1,000/- and was sent to Khajuwala Mandi for fetching apples and bananas. On returning, Master 'O' saw the accused subjecting the victim and the other girl to rape one after the other. At this point of time, Master 'O' told the accused that he would divulge these incidents to his father on which, he was threatened of dire consequences. The victim started feeling nauseous and was weeping. At that time, Rajesh took Master 'O', the victim and the girl 'S' to the Khajuwala Hospital. The informant's brother-in-law Shri Kaluram (PW-6) also reached the hospital where, Master 'O' and the victim allegedly shared the gory details of the incident with him. They also told that the accused had given some poisonous tablet to the victim and she was hyperventilating. Mst. 'K' expired on which, her body was subjected to postmortem and was cremated by her family members. It was also alleged that Mst. 'S' also passed away on the same day and thus, her body was also cremated by her family members.

5. On the basis of this report, an FIR No. 81/2013 (Ex. P/14) was registered at the Police Station Khajuwala for the offences punishable under Sections 376, 306 and 302 of the IPC and Section 6 of the POCSO Act and investigation was commenced. At the conclusion of the trial, the trial court, proceeded to convict and sentence the accused appellant as above.

6. Shri Mahaveer Bishnoi, learned counsel representing the appellant, vehemently and fervently contended that the entire case set out by the prosecution that the appellant subjected the minor victim 'K' to sexual assault