Second application for suspension of sentence dismissed. The Court held that since the first application was dismissed on merits considering DNA evidence and victim's statement, the mere passage of time and incarceration exceeded six years did not constitute a material change in circumstances to warrant suspension.
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[2025:RJ-JP:35449-DB]
[SOSA-1994/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc 2nd Suspension Of Sentence Application No.
1994/2024
in
D. B. Criminal Appeal No.212/2023
Pankaj Kumar Alias Prem Son Of Ramkrapal, R/o Chandupura, Rajgarh, Distt. Alwar, Rajasthan.(At Present Confined In District Jail, Baran)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
| For Petitioner(s) | : | Mr. Mukesh Kumar Meena,Advocate. |
|---|---|---|
| For Respondent(s) | : | Mr. Rajesh Choudhary, Government Advocate-cum-Additional Advocate General assisted by Mr. Jitendra Singh Rathore, Additional Government Advocate. |
| Mr. Dharmendra, Advocate on behalf of Mr. Kapil Gupta,Advocate. |
HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order
04/09/2025
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[2025:RJ-JP:35449-DB]
[SOSA-1994/2024]
reasoned order dated 26.09.2023. The said order reads, inter alia,
as follows:
2. Heard on application for suspension of sentence.
3. It is contended by counsel appearing on behalf of the applicants that no sign of injuries were found on the person of the victim and it was a case of consent rather than of gang rape.
4. Learned Asstt. Govt. Adv. as well as counsel appearing for the complainant/victim have opposed the application for suspension of sentence. It is contended that allegation is against four persons of forcefully taking away the girl in a car and raping her. It is also contended that DNA report is matching and semen was found on the seat of the car as well as on the clothes of the victim and accused-applicants.
5. We have considered the contentions.
6. Considering the age and statement of the victim; also considering the DNA report, we are not inclined to entertain the application for suspension of sentence.
7. Accordingly, the application for suspension of sentence is dismissed.”
(INDERJEET SINGH),J
(BHUWAN GOYAL),J
Tushar/16
1 issue framed by the court
Whether the second application for suspension of sentence warrants a different conclusion from the first application dismissed on merits.
Pankaj Kumar Alias Prem
State Of Rajasthan
INDERJEET SINGH
BHUVAN GOYAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
