In matter of S.B. Criminal Misc. Application No. 201/2023, the High Court at Jodhpur dismissed an application for suspension of sentence. The Court held that the injuries to the prosecutrix were corroborated by her statement and the record gave no reason to suspend the sentence.
Suspension of sentence application dismissed.
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[2023/RJJD/013309]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 2nd Suspension Of Sentence Application (Appeal) No. 201/2023
Nathu @ Nathulal S/o Shri Shankar Lal, Aged About 31 Years, R/o Vill. Bori Ketan Fala Ps Kotwali Dungarpur Raj. (Appellant Is In Central Jail Udaipur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/05/2023
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the appellant submits that there is a consensual relationship between the accused-appellant and the prosecutrix. He further submits that the injuries were received by the prosecutrix, while she jumped off the tempo.
Learned Public Prosecutor has drawn the attention of this Court towards the statements rendered by PW-5 Dr. Harishita Ahari and PW-1, the prosecutrix.
This Court, on perusing the record, finds that the injuries received are corroborated by the statement rendered by the prosecutrix because she deposed that, while she was being forcibly taken away, she jumped off from the vehicle, but however,
[2023/RJJD/013309]
[SOSA-201/2023]
(2 of 2)
was forcibly raped. The record does not indicate any reason to suspend of sentence of the accused-appellant, at this stage.
Accordingly, this second suspension of sentence application filed under Section 389 Cr.P.C. is dismissed.
(DR.PUSHPENDRA SINGH BHATI), J.
139-Zeeshan
1 issue framed by the court
Whether there is any reason to allow the suspension of the sentence of the accused-appellant at this stage.
1 provisions across 1 enactments
Nathu @ Nathulal S/o Shri Shankar Lal
State Of Rajasthan
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
