Allowed

Jitendra @ Jeetu S/O Harish Chandra v. State of Rajasthan

Rajasthan HC19 Jul 2024SOSA/1426/2023

Case brief

AI extract

What is this about?

The High Court allowed the second application for suspension of sentence. Considering the non-production of a crucial DNA report by the prosecution, the accused's age, and bail status during trial, the bench suspended the sentence subject to furnishing a bond and sureties.

What did the court decide?

The sentence is suspended if the applicant furnishes a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Jitendra @ Jeetu S/O Harish Chandra Vs State of Rajasthan — Rajasthan HC (2024) — LawSathi Research

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[2024:RJ-JP:30278-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. Second Suspension Of Sentence Application

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(Appeal) No. 1426/2023

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D.B. Criminal Appeal No.284/2022

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Jitendra @ Jeetu S/o Harish Chandra, Aged About 20 Years, R/o Ram Singh Pura, Police Station Tehla District Alwar (Rajasthan). (Presently Confined In District Jail, At Alwar).

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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. Shalini Sheoran along with
	Mr. Mamraj Gurjar &
	Ms. Anushka Dikshit
For State	: Mr. Javed Choudhary, Addl. G.A.
For Victim(s)	: None Present

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

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19/07/2024

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It is informed by learned Additional Govt. Adv. that victim has been intimated about filing of this application for suspension of sentence. Despite intimation, no one has put in appearance on behalf of the victim. Report in this regard has also been submitted and the same is taken on record.

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

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Heard on second application for suspension of sentence.

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It is contended by counsel appearing for the accusedapplicant that applicant was a young boy aged about 19 years at the time of the incident. The DNA report was not produced by the prosecution before the Trial Court. As per the DNA report, the DNA

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[2024:RJ-JP:30278-DB]

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[SOSA-1426/2023]

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(2 of 2)

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of the accused is not matching with the DNA profile obtained from Vulvo Vaginal Swab of the victim. It is also contended that as per statement of the doctor, there were no signs of recent sexual intercourse and there were no injuries on private parts of the victim. It is further contended that accused was on bail during trial and disposal of appeal will take time.

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

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We have considered the contentions.

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Taking note of the fact that an important piece of evidence i.e. DNA report was not produced before the Court, as per which, DNA of the accused is not matching with the DNA profile obtained from Vulvo Vaginal Swab of the victim; also taking into consideration the fact that accused was on bail during trial and he was a young boy aged 19 years at the time of incident and disposal of appeal is bound to take time, we deem it proper to allow the second application for suspension of sentence.

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Accordingly, the second application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.15/2021 shall remain suspended if the accused-applicant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court to the effect that he shall appear before this Court as and when called upon to do so.

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(BHUWAN GOYAL),J AMIT/4

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(PANKAJ BHANDARI),J

Jitendra @ Jeetu S/O Harish Chandra v. State of Rajasthan

Case brief

What is this about?

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Jitendra @ Jeetu S/O Harish Chandra v. State of Rajasthan

Case brief

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