ORDER :

Farjand Ali, J.

Heard learned counsel for the accused-appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 06.08.2022 passed by Special Judge, POCSO Act Cases, No.2, Jaipur Metropolitan-II, Jaipur in Sessions Case No.134/2020 (CIS No.94/2019) whereby the accused-appellant has been convicted for the offence punishable under Section(s) 365 & 376 IPC and has been sentenced with maximum of twenty years rigorous imprisonment along with fine of Rs. 1,00,000/-.

2. Learned counsel for the accused-appellant submits that the trial court has grossly erred in convicting and sentencing the accused-appellant. It is submitted on behalf of the appellant that the element of consent is easily inferable from the statement of the prosecutrix and the other relevant material. She is a major girl aged of 22 years. She admits in her statement recorded under Section 164 Cr.P.C. that the appellant was her neighbour. She has not levelled any allegation when she was examined under Section 161 Cr.P.C. and thus, the material improvement has been made in her own statement. He was on bail during the entire course of the trial but the liberty was never misused. Therefore, the application for suspension of sentence may be granted.

3. Learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the accused-appellant.

4. Considering the overall submissions of the parties and looking to the totality of facts and circumstances of the case while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.

5. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Special Judge, POCSO Act Cases, No.2, Jaipur Metropolitan-II, Jaipur vide judgment dated 06.08.2022 in Sessions Case No.134/2020 (CIS No.94/2019) against the appellant-applicant- Jai Kishan Meena Son Of Shri Harsahay Meena, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail provided he executes 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 20.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

6. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case, the said accused-applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.