Dismissed

Gyanendra Shukla Son of Shri Kamal Kumar v. State of Rajasthan

Rajasthan HC28 Nov 2024SOSA/1365/2024

Case brief

AI extract

What is this about?

While the Single Bench of the Rajasthan High Court at Jaipur considered a second application for suspension of sentence filed by an accused who had spent over eight years in custody, the court refused to entertain the plea. Citing the severity of the crime, specifically rape of a six-year-old child with matching DNA evidence, the court held that the present application could not be entertained and

What the court decided

AI extract

Gyanendra Shukla Son of Shri Kamal Kumar Vs… — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:48918-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc 2^nd Suspension Of Sentence Application (Appeal) No. 1365/2024

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D.B Criminal Appeal No.333/2019

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Gyanendra Shukla Son Of Shri Kamal Kumar, Aged About 23 Years, Resident Of Mirjapur @ Todhakpur, Police Station Lalganj, District Raibareli (U.p.) At Present Tenant House Of Pappu Meena, Infront Of 21 Number Bus Stand, Near Vaishali City, Sirsi Road, Meena Wala, P.s. Karni Vihar, Jaipur (Raj). (At Present In Central Jail, Jaipur).

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----Applicant

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Applicant(s)	: Ms.	Prathishtha Sunger,Adv.
For Respondent(s)	: Mr.	Sudesh Saini, Addl. G.A. with
	Mr.	Kshitiz Tiwari,Adv.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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28/11/2024

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Accused-applicant has preferred this 2^nd application for

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suspension of sentence.

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Heard on 2^nd application for suspension of sentence.

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It is contended by counsel appearing for the accusedapplicant that the applicant has remained in custody for a period of 8 years and 1 month and disposal of the appeal will take time. It is also contended that as per statement of the victim (PW-4),

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(2 of 2)

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[2024:RJ-JP:48918-DB]

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[SOSA-1365/2024]

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the accused-applicant caused injury on the head of the victim and, thereafter, she became unconscious.

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Learned Additional Government Advocate has opposed the present application for suspension of sentence.

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We have considered the contentions.

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The first application for suspension of sentence was dismissed on merits on 01.07.2020. Present is a case where rape has been committed with a child aged about six years at the time of incident. The accused-applicant was arrested on the same day. There was swelling and blood marks on penis and his clothes were also having blood and as per the DNA Report, the same are matching with that of the victim.

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Considering the above, we are not inclined to entertain the present second application for suspension of sentence.

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Accordingly, the present second application for suspension of sentence is dismissed.

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(VINOD KUMAR BHARWANI),J

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(PANKAJ BHANDARI),J

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MR/63

Gyanendra Shukla Son of Shri Kamal Kumar v. State of Rajasthan

Case brief

What is this about?

What the court decided

Gyanendra Shukla Son of Shri Kamal Kumar v. State of Rajasthan

Case brief

What is this about?

What the court decided

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