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VIJAY BISHNOI, RAJENDRA PRAKASH SONI
Vijendra Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. conviction details and sentencing overview. (Para 1 , 2) |
| 2. challenging the integrity of prosecution evidence. (Para 3 , 4) |
| 3. request for suspension due to prolonged incarceration. (Para 5) |
| 4. prosecution's opposition to sentence suspension. (Para 6 , 7) |
| 5. court's careful analysis of facts before decision. (Para 8 , 9 , 10) |
| 6. rejection of suspension application. (Para 11) |
ORDER :
This suspension of sentence application has been preferred on behalf of the applicant-appellant, who has been convicted and sentenced by the Special Judge, POCSO Act Cases and the Commissions for Protection of Child Rights Act, 2005 Cases, Bikaner (hereinafter to be referred as 'the trial court') in Sessions Case No.68/2018 (CIS No.54/2018) CNR No.RJBK150001222018 vide judgment dated 08.10.2021. The applicant-applicant has been sentenced as under :-
| Offences U/S | Sentence | Fine (In Rs.) | Sentence (in default of payment of fine) |
| 363 IPC | 4 Years' Rigorous Imprisonment | 5,000/- | 3 Months' Additional Rigorous Imprisonment |
| 366 IPC | 5 Years' Rigorous Imprisonment | 5,000/- | 3 Months' Additional Rigorous Imprisonment |
| 376 (2) | |||
The central legal point established in the judgment is that the conviction under the SC/ST Act must be supported by evidence of the caste-based nature of the crime, and discrepancies in evidence can ....
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....
The court has the discretion to suspend a sentence pending appeal based on the circumstances of the case and the likelihood of the appeal taking time.
The court upheld the conviction for gang rape based on credible victim testimony, ruling that contradictions and co-accused acquittals do not automatically justify sentence suspension.
Once a person has been convicted, normally, an appellate Court will proceed on the basis that such person is guilty. It is no doubt true that even thereafter, it is open to the appellate Court to sus....
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 ruled the victim's consistent testimony sufficiently supports conviction under the POCSO Act, thus rejecting the suspension of sentence.
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