Convicted under Section 376(2)(a)/376-DA IPC for rape, the appellant sought suspension of his life-imprisonment sentence pending appeal. Noting inconsistent statements of the victim and her mother, a negative DNA/FSL report, and that he was on bail during trial, the court allowed the application and admitted him to bail.
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[2024:RJ-JP:9085-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc Suspension Of Sentence Application No.
in
D. B. Criminal Appeal (Db) No.253/2023
Kaptan Son Of Bharat Lal, R/o Dhahara Ka Pura, Hindaun City, P.s. Hindaun City, District Karauli. (Presently Confined At District Jail Karauli)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Jiya Ur Rahman. For Respondent(s) : Ms. Alka Bhatnagar, Addl.G.A. Ms. Shreya Hatila and Mr. Harsh Sharma on behalf of Mr. Anurag Sharma. (For Victim)
HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
22/02/2024
[2024:RJ-JP:9085-DB]
[SOSA-1371/2023]
(2 of 3)
some dispute regarding agricultural land between the parties and according to cross-examination of of PW2-victim, her mother took her from the fields where the appellant-accused committed rape with her, however, her mother PW4 has stated that she never went to the fields of Sanjay where the alleged incident took place. And in her cross-examination she further stated that the victim never told her about the event of committing rape with her in the fields of Sanjay. Counsel further submits that the FSL/DNA report is also available on record which is negative and hearing of appeal may take long time, and therefore, prayed that sentence awarded to the appellant may be suspended and he be released on bail during the pendency of the appeal.
[SOSA-1371/2023]
[2024:RJ-JP:9085-DB]
(3 of 3)
appellant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 16.04.2024 and thereafter as and when called upon to do so.
(ASHOK KUMAR JAIN),J
(INDERJEET SINGH),J
Tushar/32
1 issue framed by the court
Should execution of the appellant's sentence be suspended and he released on bail pending appeal, given contradictory testimony and a negative DNA/FSL report?
2 provisions across 2 enactments
Kaptan Son of Bharat Lal
State of Rajasthan
Inderjeet Singh
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
