Back
MANOJ KUMAR VYAS
Mukesh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Heard on application for suspension of sentence.
2. The appellant has filed the appeal along with application for suspension of sentence.
3. The appeal has been preferred against the judgment of conviction and sentence dated 23.09.2021 passed by the Court of Additional Session Judge No.5, Kota (Rajasthan) in Session CIS No. 12/2019, by which the appellant has been convicted for offences under Sections 363 and 307 of IPC and sentenced to maximum term often years.
4. It has been submitted by learned counsel for the appellant that the appellant has been falsely implicated in this case due to dispute between the appellant and his wife. The victim is brother-in-law of the appellant, who has been examined as PW-7. He has stated that the appellant with intention of causing death pushed him in the well, from where he was rescued by other persons but this prosecution story is a result of an after thought. There is no injury on the body of injured as per statement of PW-12-Parmanand. The Investigating Officer-PW-11-Vijendra Singh has stated in his cross-examination that the fact of pushing Lekhraj in the well was not narrated to him by any witness but it was narrated by victim himself o
The court established that the presumption of innocence and the lack of sufficient evidence can warrant the suspension of a sentence pending appeal.
Suspension of sentence is justified when the accused shows circumstances such as prior bail status, marriage to the prosecutrix, and delays in FIR filing, indicating a potential for prolonged appeal.
[The court established that the presence of material contradictions in prosecution evidence and the nature of injuries can justify the suspension of a sentence pending appeal.]
Evidence of a prolonged relationship can influence the decision for suspending a sentence under IPC provisions, particularly where the victim's testimony supports the defense.
The court established that the suspension of sentence can be granted based on the merits of the case and the reliability of evidence, particularly in cases involving serious allegations under the POC....
The court allowed the suspension of sentence for accused-applicants pending appeal, emphasizing their prior bail status and involvement of a co-accused.
Inconsistencies in witness testimony can create reasonable doubt, leading to suspension of sentence pending appeal.
The court established that delays in reporting and inconsistencies in testimony can impact the credibility of the prosecution's case, influencing decisions on bail and sentence suspension.
The court allows suspension of sentence for a juvenile convicted under Section 302 IPC, emphasizing the reliance on circumstantial evidence and the lengthy appeal process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
