The Court dismissed an application for suspension of sentence, observing that with the victim under 16 years of age, consent is immaterial, supported by DNA evidence and school records. The application was rejected without going into the merits of the case.
Application for suspension of sentence dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JP:14733-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 346/2023
in
D.B. Criminal Appeal No.56/2023
Hardeep Singh Sandu @ Deep Son Of Satnam Singh, Resident Of Kundaliya Police Station Sadar, District Bundi (Raj) (At Present In District Jail Bundi)
----Applicant
Versus
State Of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Santosh Kumar Jain, Adv. For Respondent(s) : Mr. Imran Khan, Dy. GA Mr. Amit Dadhich, Adv.
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
20/07/2023
[2023:RJ-JP:14733-DB]
[SOSA-346/2023]
(2 of 2)
(BHUWAN GOYAL),J
(PANKAJ BHANDARI),J
CHANDAN /11
2 issues framed by the court
Whether a suspension of sentence application can be entertained where the victim was below 16 years of age.
Whether the failure to allege rape in the police statement precludes conviction in a rape case.
Hardeep Singh Sandu
State Of Rajasthan
Pankaj Bhandari
Bhuvan Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
