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ANOOP KUMAR DHAND
Rohit Bairwa – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Anoop Kumar Dhand, J.
Having regard to the sensitivity of the allegations levelled in the matter and the nature of the offence complained of, it is imperative to protect the identity of the prosecutrix. Therefore, she has been denoted as "A" in the incident.
2. Counsel for the appellant submits that though in the Examination-in-Chief, the victim PW-1 "A" has levelled allegation of rape against the appellant, but when she was cross-examined, she denied the allegations of rape against the appellant. Counsel submits that even parents of the victim i.e. PW-2 Ramavtar and PW-3 Gayatri have not supported the allegation of sexual assault against the appellant. Counsel submits that only on the basis of DNA report, the appellant has been convicted. Counsel submits that an accused cannot be convicted solely on the basis of DNA report. In support of his contentions, he has placed reliance upon the judgment passed by the Division Bench of this Court in the case of Ganesh v. State of Rajasthan (D.B. Criminal Appeal No.255/2022) decided on 18.07.2023. Counsel submits that the appellant is in custody since the date of his arrest and disposal of the appeal is bound to take time, therefore, th
Mandatory provisions for protecting the identity of child victims must be strictly adhered to, and convictions should not rely solely on DNA evidence without corroboration.
Victims of sexual offenses, especially minors, are entitled to confidentiality in legal proceedings, allowing appeals without disclosing identities.
The court established that suspension of sentences under Section 389 Cr.P.C. can be granted based on the circumstances of the case, including prior bail status and the nature of allegations.
The court affirmed conviction based on corroborative evidence from FSL reports, despite contradictions in medical testimony, establishing that consistent witness accounts support the prosecution's na....
The court found prima facie evidence insufficient to uphold conviction, leading to the suspension of the appellant's sentence pending appeal.
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