Rajasthan High Court
Dharmendra @ Kala S/O Bhawani ... vs State Of Rajasthan on 31 August, 2021
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.391/2021
IN
S.B. Criminal Appeal No. 594/2021
Dharmendra @ Kala S/o Bhawani Singh, Aged About 20 Years,
Resident Of Jhadoli Police Station Sadar, District Alwar (Raj)
(Accused Confined In Central Jail Alwar)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Kapil Gupta
For Respondent(s) : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
31/08/2021
1. Heard on application for suspension of sentence.
2. It is contended by counsel for the appellant that appellant is
aged twenty years and deceased was aged eighteen years.
Initially police registered a case under Sections 376 & 302 IPC,
however, subsequently, police submitted charge-sheet under
Sections 376 & 306 of IPC. It is also contended that prior to
lodging of the present F.I.R., another F.I.R. was also lodged
against the present appellant and in that case, there was
allegation that appellant has pushed the deceased in a well. In
that case, the Court acquitted the accused. It is further contended
that there is no evidence to the effect that present appellant
(2 of 3) [SOSA-391/2021]
abetted the commission of the offence of suicide. He has been
convicted on the basis of DNA report. It is also contended that in
Ex.P-11, sample of blood & saliva of accused was sent for DNA
examination. However, no clothes on which blood of accused or
saliva of accused was found in the DNA examination. The
underwear of the appellant was found having blood stains, but in
the DNA profile it could not be obtained from the underwear of
appellant and vulvo vaginal swab of victim. It is further contended
that even if it is considered that DNA profile was matching, it
would not lead to the conclusion that appellant raped the
deceased. It is also contended that in defence, it was stated by
the appellant that appellant is the only family of Hindu and all the
other residents belong to the Mev Community and that the
complainant-side wanted to grab the property belonging to the
appellant.
3. Learned Public Prosecutor has opposed the application for
suspension of sentence. It is contended that the deceased
committed suicide as she was raped by the appellant.
4. I have considered the contentions.
5. Initially the case of prosecution was that appellant
committed rape with the deceased in the field and then pushed
the deceased in the well, however from the evidence, it came out
that deceased and appellant had sexual relation at the house of
the complainant. In investigation itself, it was found that the
deceased was not pushed in the well by the appellant. The
allegation that the victim was carried by the appellant and then
pushed in the well was not found to be a true version of the
(3 of 3) [SOSA-391/2021]
incident. There is no evidence to the effect that the appellant has
abetted the commission of the offence. No blood stained cloth was
seized from the appellant and the underwear of the appellant
which was having blood stain, did not match with the DNA profile
of the victim. In view of the same, I deem it proper to allow the
application for suspension of sentence.
6. Accordingly, the application for suspension of sentence is
allowed. It is ordered that the sentence awarded to accused-
applicant in Sessions Case No.06/2019 shall remain suspended if
the appellant furnishes a personal bond of Rs.1,00,000/- (Rupees
One Lac only) together with two sureties in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction
of the learned trial Court to the effect that he shall appear before
this Court as and when called upon to do so.
(PANKAJ BHANDARI),J
ARTI SHARMA /17
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