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2023 Supreme(Raj) 1896

PANKAJ BHANDARI, BHUWAN GOYAL
Sahab Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellants : Mr. Pankaj Gupta, Mr. Naman Yadav, Mr. Hemang Singh and Mr. Saurabh Yadav Advs.
For the State : Mr. Imran Khan, Dy. GA
For the Complainant : Mr. Mohit Goyal.

Table of Content
1. suspension of sentence application overview. (Para 1 , 2)
2. defence arguments against prosecution evidence. (Para 3)
3. prosecution's rebuttal and victims' credibility. (Para 4)
4. court's analysis of evidence. (Para 5 , 6)
5. decision to suspend sentence. (Para 7)
6. order for bail conditions. (Para 8)

ORDER :

Accused-appellant has preferred this application for suspension of sentence.

2. Heard on application for suspension of sentence.

3. It is contended by counsel for the appellant that the appellant has remained in custody for a period of more than six years. There is delay of three days in lodging of FIR. The samples which were drawn were not deposited in the malkhana and it is only after the arrest of the accused-appellant that the samples were sent to the FSL. It is also contended that it is a clear case of false implication for the very reason that the incident is said to have been taken place on 19.11.2016. Vaginal swab and vaginal smear was taken on 23.11.2016. In the report with regard to vaginal swab and vaginal smear, no human semen was detected. It is also contended that the underwear of the victim was recovered after arrest of accused on 17.12.2016, ther

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