Appeal session against POCSO and IPC convictions filed for suspension of sentence. High Court rejected the application, noting the victim found under 16 and clearly stated rape occurred, making suspension undesirable.
Rejection of Suspension of Sentence Application.
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.
[2024:RJ-JP:3639]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 284/2023
Ajay Son of Shri Harisingh, resident of tenant in House of Bhuri Singh Jatav Madina Colony Dholpur, Police Station Kotwali, District Dholpur (Raj) (At present confined in District Jail, Dholpur)
----Petitioner
Versus
State of Rajasthan, through P.P
----Respondent
For Petitioner(s) : Mr. Udit Sapra Mr. Dushyant Jain For Respondent(s) : Mr. Yaswant Kankhadia, PP Mr. Sumit Kumar Jain
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
22/01/2024
Twenty years' rigorous imprisonment with fine of Rs.50,000/- and in default of payment of which, further ordered to undergo six months' rigorous imprisonment.
(2 of 3)
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[SOSA-284/2023]
- Section 450 IPC
Ten years' rigorous imprisonment with fine of Rs.10,000/- and in default of payment of which, further ordered to undergo one month rigorous imprisonment.
Section 506 IPC -
Two years simple imprisonment with fine of Rs.5,000/- and in default of payment of which, further ordered to undergo fifteen days' simple imprisonment.
The accused was also directed to pay Rs.50,000/- out of Rs.65,000/- of fine imposed, as compensation to the prosecutrix.
[2024:RJ-JP:3639]
[SOSA-284/2023]
(PRAVEER BHATNAGAR),J
50-/DHARMENDRA RAKHECHA
2 issues framed by the court
Whether the application for suspension of sentence should be allowed despite the conviction under the POCSO Act and IPC.
Whether the delay in FIR filing and lack of corroborative medical evidence warrants suspension of sentence.
4 provisions across 2 enactments
Ajay Son of Shri Harisingh
State of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
