Delays in reporting sexual offences against children do not diminish the seriousness of the allegations; bail granted with conditions ensuring compliance until appeal resolution.

JUDGMENT :

Mr. Ashok Kumar Jain, J. - The instant application for suspension of sentence is preferred in pending appeal which was admitted on 7.10.2023 and aggrieved from order of conviction and sentence dated 21.9.2023 in Sessions Case No. 95/2020 passed by learned Special Judge (POCSO Act cases) No. 1, Jaipur Metro-II whereby appellant was convicted for offence under Sections 9 (F)/10, 9(M)/10 of POCSO Act and sentenced to undergo simple imprisonment of five years along with fine.

2. Learned Counsel for appellant while relying upon grounds of appeal submitted that instant case is false and fabricated case and appellant was falsely implicated. He also submitted that the report was registered after a delay wherein the allegation of touching and kissing victim were mentioned. He also submitted that victim was examined as PW-2 and whereas parents of victim were examined as PW-1 and PW-3 but the statements clearly show that the discrepancies and contradictions were enough to discredit the evidence of these witnesses. He specifically referred Ex. D/1 to submit that first statement of victim clearly indicated that except kissing on hand, no allegations were made against the petitioner but later on under the influence of other people the victim has improved her statement. He specifically referred Ex. D/4 to submit that even time refused for medical. Learned Counsel submitted that father of victim turned hostile and no other person has supported the version of prosecution. He Specifically referred that the age of victim was not proved from any evidence. He Specifically referred the age of victim was not proved from any evidence. He Specifically referred the statement of PW-11 Ram Avtar Singh Thakar and PW-7 Bhawna to submit that Ex.D/1 was recorded by PW-7 whereas PW-11 admitted at Madrasa is open place and everyone can visit Madrasa. He further omitted that the statement of family members were recorded and except timely members no other independent witness was recorded by PW-11 during investigation. He also submitted that appellant was on bail during trial and he d not misuse the liberty granted to him.

3. Aforesaid contentions were opposed by learned Public Prosecutor. He omitted custody certificate and same is taken on record. He also informed that complainant was informed about instant appeal and same is taken on record.

4. Heard learned Counsel for appellant and learned Public Prosecutor. perused the record.

5. Appellant was on bail during trial in pursuant to order dated 13.9.2019. the report was registered after a delay of one day but same is not material in case of sexual offences against the children. Victim was examined as PW-2 whereas father of victim was examined as PW-3 and mother of victim was examined as PW-1.

6. We have perused the statement of all three witnesses and also of PW-7 and PW-11. Also considered the document Ex. D/1 and D-4/.

7. Therefore, without expressing any opinion on merits, looking to entirety ' facts and circumstances of the case, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 389(1) of Cr.P.C. is allowed and sentence of appellant accused-Mauland Abdul Kuddus son of Abdul Qayyum Begis is suspended till disposal of appeal with the condition that he would executed a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned Trial Judge for his appearance in this Court on 2.4.2024 and whenever ordered to do so till the deposal of the appeal on the conditions indicated below:-

1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled.

2. That he/she/th