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HIGH COURT OF JUDICATURE FOR RAJASTHAN - JAIPUR BEN
Pankaj Bhandari, Bhuwan Goyal, JJ
Jeetu @ Jitendra @ Laden – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Criminal Misc Suspension Of Sentence Application No.232/2023|D.B. Criminal Appeal No.45/2022
For the Appellants/Petitioners: Anshuman Saxena
For the Respondents: N.S. Gurjar
Suspension of sentence in POCSO cases may be denied when the evidence, including the statement of the victim and DNA reports, strongly points towards the guilt of the accused, regardless of the time spent in custody.
Headnote:The appellant sought suspension of sentence under the POCSO Act, contending that he had already served six years and five months of custody and the disposal of the main appeal would take significant time. The primary issue was whether the appellant was entitled to suspension of sentence given the nature of the offense and the evidence available. The court examined the victim's age and the DNA report presented by the State. Criminal Misc. Suspension of Sentence Application is accordingly, dismissed.
| Table of Content |
|---|
| 1. applicant's request for suspension of sentence based on custody period versus prosecution's reliance on forensic evidence. (Para 1 , 2 , 3 , 4) |
| 2. denial of suspension of sentence based on the weight of evidence including dna reports and victim statements. (Para 5 , 6 , 7) |
| 3. scheduling of the main appeal for future hearing. (Para 8) |
Order
21/09/2023
1. 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 appellant has remained in custody for a period of six years and five months. Disposal of appeal will take time. The minimum sentence provided under the POCSO Act then in force was 10 years.
4. Learned Assistant Govt. Advocate has opposed the application for suspension of sentence. It is contended that victim was aged 14 years and 6 months. DNA report and the evidence points towards the guilt of accused.
5. We have considered the contentions.
6. Looking to the statement of victim, her age as well as the DNA report, we are not inclined to entertain the application for suspension of sentence.
7. Criminal Misc. Suspension of Sentence Application is accordingly, dismissed.
8. List the main appeal for hearing after preparation of paper book.
