The High Court of Rajasthan dismissed the suspended sentence application filed by the accused-appellant in an appeal concerning rape charges, citing the victim's statement and age as sufficient grounds.
Suspension of sentence application dismissed; appeal to be listed for hearing.
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/RJJP/006995]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 485/2023
In
D.B. Criminal Appeal No.213/2021
Dinesh Kumar S/o Rameshwar, Resident Of Village Hinsala, Police Station Thanagazi, District Alwar At Present Residing At Ramratam Roj Ke Farm Par Kastikar Kishanmanpura, Police Station Govindgarh, District Jaipur (Raj) (At Present Confined In Judicial Custody In Central Jail At Jaipur )
----Petitioner
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : Mr. Gaurav Gupta, Adv. For Respondent(s) : Mr. Javed Choudhary, AGA.
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
18/04/2023
(2 of 2)
[2023/RJJP/006995]
[SOSA-485/2023]
also contended there was no injury on the person of the prosecutrix. The applicant has remained in custody for a period of 8 years and 3 months and disposal of appeal will take time.
(BHUWAN GOYAL),J
(PANKAJ BHANDARI),J
Keshav/25
3 issues framed by the court
Whether the application for suspension of sentence should be allowed despite custody duration.
Whether the variation in the victim's age between school and medical records impacts sentencing relief.
Whether the absence of injury on the prosecutrix warrants suspension of sentence.
Dinesh Kumar S/o Rameshwar
State Of Rajasthan
Pankaj Bhandari
Bhuvan Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
