Shrawan Singh S/O Samundra Singh Vs State of Rajasthan

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[2025:RJ-JP:41511]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc 2nd Suspension Of Sentence Application

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(Appeal) No. 1608/2025

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In

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S.B. Criminal Appeal No.1969/2022

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Shrawan Singh S/o Samundra Singh, Aged About 25 Years, Resident Of Kalinjar Police Station Jawaja District Ajmer (Raj). (At Presently Confined In Central Jail Ajmer )

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s)	: Mr. Rajesh Sharma Mr. Hardev Singh Mr. Sanjay Sharma
For Respondent(s)	: Mr. Amit Kumar Gupta, PP with Mr. Gaurav Gupta, AGA

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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10/10/2025

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Instant 2nd SOS application is preferred by applicantaccused Shrawan Singh S/o Samundra Singh in pending appeal filed aggrieved from judgment of conviction and sentence dated 03.08.2022 in Sessions Case No.25/2021 passed by learned Special Judge (POCSO Act Cases) No.1, Ajmer, whereby present applicant accused was convicted and sentenced under Sections 376(2)(n), 376(3), IPC and Section 5(L)/6 of POCSO Act. The maximum sentence awarded to present applicant is 20 years

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Learned counsel for applicant submits that after voluntarily elopement of victim on 17.11.2020, a report is registered by her

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[SOSA-1608/2025]

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father (PW-3) after a delay of 1 day, and police has registered a case under Section 363 IPC. He further submits that after recovery on 28.11.2020, her statement under Section 161 were recorded. He further submits that till recovery victim has voluntarily stayed for more than 11 days and she never raised any alarm or sought any help from anyone. He further referred medical report (Ex.P4) and submits that no injuries were found on body of victim after her recovery. He further submits that the age of present applicant is 20 years, whereas the age of victim is more than 16 years and same is evident from the evidence of PW-3 (father of victim). He also submits that cross-examination of PW-2 (mother of victim) also indicate that she has not filled up the admission form, which is sufficient to show that PW-2 is not aware about the DoB of victim. He further referred PW-6 Dev Karan Bhati and submits that on previous birth record is not filed with Ex.P-9. 3. Learned counsel for applicant has further referred crossexamination of PW-1 and submits that she is having a close friendship with present applicant for last one and a half years and she has never mentioned about friendship with present applicant to anyone. He also submits that before recovery by police, PW-1 has not narrated anything against applicant to anyone. He further submtis that present applicant is in custody for last more than 5 years, 7 month.

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Learned Public Prosecutor has submitted intimation slip to complainant and custody certificate and same are taken on record. He opposed the contentions raised herein.

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Heard learned counsel for applicant and learned Public Prosecutor. Perused the material placed on record.

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[SOSA-1608/2025]

(3 of 4)

First SOS application was dismissed by this Court on 19.10.2024 when no one was present on behalf of applicant.

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The facts of the case in brief are that PW-3 (father of victim) has lodged a report dated 18.11.2020 at P.S. Jawaja, District Ajmer for elopement of his daughter in the night of 17.11.2020 and after recovery of victim on 28.11.2020, her medical examination was conducted. The record clearly indicate that DoB of victim is 20.10.2005 and we have considered evidence of PW-2 (mother of victim), PW-3 (father of victim) and PW-6 (school teacher), it is evident that the Trial Court has determined the age on basis of said evidence. Pws-2 and 3 have three children and victim is youngest one. After coming to her matrimonial home in 1999, PW-2 (mother of victim) gave birth to 3rd child in 2005.

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The cross-examination of PW-1 clearly indicate that she is having friendship with present applicant and she has not raised any alarm to seek help when she was in company of present applicant from night of 17.11.2022 till recovery by police. The victim has narrated allegations of rape by present applicant. The Trial Court has also referred and relied upon FSL report Exs.P-22 and P-7, which is also against present applicant.

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The maximum sentence awarded to present applicant is 20 years, and age of victim is less than 16 years though the age of present applicant is around 20 years, but considering the age of victim, it is not a fit case to enlarge applicant-accused on bail on merits.

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As regard to period of sentence is concerned, the custody certificate filed by learned Public Prosecutor clearly indicate that applicant has undergone 5 years, 7 months and 4 days till date,

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[SOSA-1608/2025]

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and same is just more than 25% of the sentence awarded to applicant and same is not sufficient to consider release of present applicant on basis of period of custody.

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In view of discussion made herein above, the instant 2nd SOS application is preferred by applicant-accused Shrawan Singh S/o Samundra Singh, is hereby dismissed. 12. List this criminal appeal for hearing in the month of February, 2026.

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(ASHOK KUMAR JAIN),J

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GAURAV /08

Shrawan Singh S/O Samundra Singh v. State of Rajasthan

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Shrawan Singh S/O Samundra Singh v. State of Rajasthan

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