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2023 Supreme(Raj) 914

VIJAY BISHNOI, YOGENDRA KUMAR PUROHIT
Pappu @ Purkharam – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Shashi Prakash Joshi, Advocate, B.R. Bishnoi, Advocate

Judgement Key Points

The case of Pappu Purkharam versus State of Rajasthan involves a conviction for heinous crimes, specifically the murder of his two minor children and sexual assault of his minor daughter. The appellant was sentenced to life imprisonment for multiple charges under the IPC, including murder and sexual assault, with the sentences to run concurrently. The conviction was primarily based on circumstantial evidence and the court's reliance on presumption, as no direct evidence was presented by the prosecution.

The appellant sought suspension of his sentence, arguing that the evidence against him was circumstantial and not cogent, and that he has already spent over eight years in jail, which would make the suspension of his sentence appropriate pending the final hearing of his appeal. The prosecution opposed this, emphasizing the heinous nature of the crimes and the sufficiency of the evidence to uphold the conviction.

The court, after considering the gravity of the crimes and the evidence presented, ultimately dismissed the application for suspension of sentence. The court reaffirmed the conviction and sentenced, emphasizing the severity of the offences committed, particularly the murder of minor children and sexual assault on a minor girl.

In summary, the court upheld the original conviction based on circumstantial evidence and refused to suspend the appellant's sentence, citing the heinous nature of the crimes and the evidence supporting the conviction.


JUDGMENT

1. Heard learned counsel for the parties on the application for suspension of sentence.

2. The instant application for suspension of sentence has been preferred by the appellant-applicant, who has been convicted and sentenced by the Special Judge, POCSO Act, 2012 & Protection of Child Rights Act, 2005 vide judgment dated 28.11.2019 in Sessions Case No.1/2018. The appellant-applicant has been sentenced as under :-

Offence U/s

Sentence

Fine

Sentence in default of payment of fine

302 IPC

Life imprisonment

Rs.5,000/-

1 months' S.I.

302 IPC

Life imprisonment

Rs.5,000/-

1 months' S.I.

376-A IPC

Life imprisonment

Rs.5,000/-

1 months' S.I.

376(2)(f)IPC

Life imprisonment

Rs.5,000/-

1 months' S.I.

376(2)(i) IPC

Life imprisonment

Rs.5,000/-

1 months' S.I.

3. Learned counsel for the appellant-applicant submitted that the learned trial court has grossly erred in convicting and sentencing the appellant-applicant vide impugned judgment dated 28.11.2019. It is argued that no direct evidence is produced by the prosecution and the conviction of the appellant-applicant is based solely of circumstantial evidence. It is submitted that the circumstantial evidence produced by the prosecution is not cogent and reliable and

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