Dismissed

Rajesh Bairwa @ Vijay S/O Bharosi Lal v. State of Rajasthan

Rajasthan HC12 Apr 2023SOSA/421/2021

Case brief

AI extract

What is this about?

In this appeal and suspension application, the High Court dismissed a plea for sentence suspension despite arguments regarding hostile witnesses and medical report uncertainties. The court held that victim statements and forensic evidence were sufficient to deny relief and directed the issue of legal formalities.

What did the court decide?

Application for suspension of sentence dismissed; matter listed for hearing.

Rajesh Bairwa @ Vijay S/O Bharosi Lal Vs… — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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[2023/RJJP/006363]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc Suspension Of Sentence Application

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No.421/2021

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D.B. Criminal Appeal No.56/2021

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Rajesh Bairwa @ Vijay S/o Bharosi Lal, Resident Of Baagor, Police Station Gadhmora, District Karauli (Rajasthan) (At Present Confined In Central Jail, Bharatpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Special Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Sudhindra Kumawat, Amicus Curiae

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For Respondent(s) : Ms. Rekha Madnani, AGA For Complainant(s) : None present.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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12/04/2023

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Accused-applicant has preferred this application for suspension of sentence.

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Heard on application for suspension of sentence.

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Victim has been intimated about filing of appeal as well as suspension of sentence application. No one has put in appearance on behalf of the victim.

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It is contended by amicus curiae appearing for the applicant that eye witness in this case has turned hostile. It is also contended that the medical report with regard to sodomy is not

(2 of 2)

[2023/RJJP/006363]

[SOSA-421/2021]

definite. It is further contended that there is a delay of two days in lodging of the FIR.

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Learned Additional Government Advocate has opposed the application for suspension of sentence. It is contended that applicant committed an offence with a six year old child who reported the same to her mother (PW-9). It is also contended that from Exhibit-P1, it is evident that there is an inflammation present in the skin around anal and there were multiple abrasions on the left cheek. It is further contended that father of the victim was not present and therefore, there is a delay in lodging of FIR.

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We have considered the contentions.

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Considering the statement of PW-8 and PW-9 and the medical report (Exhibit-P1), we are not inclined to entertain the suspension of sentence application, hence, the same is accordingly, dismissed.

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Office is directed to prepare the paper book.

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List the matter for hearing as per its turn.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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Keshav/13

Rajesh Bairwa @ Vijay S/O Bharosi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajesh Bairwa @ Vijay S/O Bharosi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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