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VINOD DIWAKAR
Anil Pandey – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. conviction details and allegations against accused (Para 2 , 3 , 4) |
| 2. arguments for suspension of sentence (Para 5 , 6) |
| 3. legal standards for suspending sentence in rape cases (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. testimonies of complainant and daughter about abuse (Para 13 , 14) |
| 5. challenges of reporting sexual offences due to stigma (Para 15 , 16 , 17) |
| 6. court's assessment of evidence and circumstances surrounding bail (Para 18) |
| 7. conclusion on application for suspension of sentence (Para 19 , 20 , 21 , 22) |
JUDGMENT
Vinod Diwakar, J.
Crl. Misc. Suspension of Sentence Application No.1 of 2023
I have heard learned counsel for the appellant, learned counsel for the complainant, and learned A.G.A. for the State on suspension of sentence.
2. The accused-appellant Anil Pandey has been convicted in Sessions Trial No.13 of 2018 (State v. Anil Pandey), arising out of Case Crime No. 88 of 2017, under Sections 376 , 394, 323 and 506 I.P.C., Police Station Kotwali, District Ballia, and has been sentenced to suffer R.I. for ten years in respect of offences, mentioned herein above, apart from fine.
3. As per the prosecution case, on 22.11.2014, the complainant filed a written compl
Inconsistencies in witness testimony can create reasonable doubt, leading to suspension of sentence pending appeal.
Suspension of sentence granted based on contradictions in the victim's statement and the appellant's prior bail status.
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.
The court found the prosecutrix's testimony unreliable, leading to the suspension of the appellant's 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.
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