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DINESH MEHTA, RAJENDRA PRAKASH SONI
Rajendra Singh @ Golu – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This application for suspension of sentence has been filed by the appellant, who has been convicted by the trial Court for the offences under Sections 376(2)(n) & 376-D of IPC and has been awarded sentence as under:
| Offence | Sentence | Fine |
| 376(2)(n) IPC | 10 years' R.I. | Rs.30,000/- in default of payment to 2 years' R.I. |
| 376-D IPC | L.I. until death | Rs.50,000/- in default of payment to 3 years' R.I. |
2. Learned counsel for the appellant argued that the story projected by the victim does not appear to be reliable and appeal to prudence. Inviting Court's attention towards the backdrop facts, learned counsel highlighted that as per the testimony of victim, immediately after the sexual assault by the appellant and his friends, her uncle (Tau) had come on the terrace; whereafter he fell down or he was pushed down and it was after the uncle fell down, she was taken to a third place and gang raped, is totally false and unbelievable.
3. He submitted that after investigation the police did not find any offence under Section 302 made out against the present appellant or against any of the co-accused persons and even her allegation t
The court found the prosecutrix's testimony unreliable, leading to the suspension of the appellant's sentence pending appeal.
Inconsistencies in witness testimony can create reasonable doubt, leading to suspension of sentence pending appeal.
The victim's failure to report alleged rapes while living with a co-accused undermines her credibility, warranting suspension of the appellant's sentence pending appeal.
The reliability of the prosecutrix's testimony and the need for corroborating evidence are crucial in cases involving allegations of sexual offences, and the court must consider the peculiar factual ....
The court's decision on the application for suspension of sentence was influenced by the conviction for the offence of sexual assault upon a minor girl and the lack of evidence to support the claim o....
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