Dismissed

Mahendra Singh Son of Shrichand v. State of Rajasthan

Rajasthan HC22 Feb 2024SOSA/2022/2023

Case brief

AI extract

What is this about?

In a suspension of sentence application filed by a life convict under the POCSO Act alleging false implication, the Court refused relief, citing the heinous nature of the crime against a 10-year-old victim supported by medical testimony and FSL reports. The plea to suspend the sentence and grant bail during the pendency of the appeal was dismissed.

What did the court decide?

The application for suspension of sentence and release on bail during the pendency of the appeal was dismissed.

Mahendra Singh Son of Shrichand Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:9140-DB]

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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 No. 2022/2023

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D.B. Criminal Appeal No.383/2023

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Mahendra Singh Son Of Shrichand, Aged About 27 Years, Resident Of Bavanpada, P.S Sikandra, District Dausa (Raj) At Present Confined At Distt. Jail Dausa (Raj)

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----Petitioner

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Versus

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State of Rajasthan, Through Public Prosecutor Rajasthan High Court Jaipur Bench Jaipur

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Respondent NO.1

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Naval Kishore Jogi S/o Ramkhiladi Jogi, R/o Bindarwada, Manpur, Distt. Dausa (Raj)

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...Complainant/Respondent No.2

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XXXXXXX R/o-Bindarwada, Manpur, Distt.-Dausa (Raj.)

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----Victim/Respondent No.3

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For Petitioner(s)	: Mr. Bhupendra Jain,Adv.
For Respondent(s)	: Ms. Alka Bhatnagar, Addl. GA
For Complainant(s)	: Mr. Vishram Prajapati,Adv.

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HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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22/02/2024

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This suspension of sentence application has been filed by the appellant alongwith the appeal.

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Counsel for the appellant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence of life imprisonment has been awarded to the appellant under Section 5/6 of POCSO Act and he is in custody at

(2 of 2)

[2024:RJ-JP:9140-DB]

[SOSA-2022/2023]

Central Jail, Dausa. Counsel further submits that the appellant has been falsely implicated in this matter and hearing of the appeal may take long time, hence, the sentence awarded to the appellant may be suspended during the pendency of the appeal and he be released on bail.

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Learned Addl. Govt. Advocate assisted by counsel for the complainant has opposed the application for suspension of sentence and submits that according to the statement of doctor (PW-1), the injuries were found on the anal area of the victim and according to the statement of victim (PW-3), the accused has committed unnatural sex with him and the victim is a boy of only 10 years. Counsel further submits that the FSL report (Ex.C-1) is also found positive.

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Heard counsel for the parties and perused the record.

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In the facts and circumstances of the present case and considering the statement of victim (PW-3) as well as of doctor (PW-1) and the fact that the victim is only of 10 years and looking to the nature of the offence(s) against the appellant, I am not inclined to grant the indulgence to the appellant as prayed for.

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Hence, the application for suspension of sentence stands dismissed.

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(ASHOK KUMAR JAIN),J

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(INDERJEET SINGH),J

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JYOTI /37

Mahendra Singh Son of Shrichand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra Singh Son of Shrichand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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