Girdhari S/O Kundan vs State Of Rajasthan
2021 Latest Caselaw 1241 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                D.B. Criminal Appeal No. 256/2020

Girdhari S/o Kundan, R/o Chitaheri, Police Station Nadbai,
District Bharatpur (Raj) (Accused Appellant At Present Confined
In Central Jail Sewar, Bharatpur)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Appellant(s) : Mr. Yogesh Singhal For Respondent(s) : Ms. Alka Bhatnagar, PP Mr. Anurodh Chaturvedi on behalf of Mr. D.G. Chaturvedi for complainant

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

04/02/2021 The instant application has been filed under Section 389

Cr.P.C. for suspension of sentence against the judgment of

conviction and sentenced dated 07.11.2020 passed by learned

Special Judge, POCSO Act, 2012 in Session Case No.195/2018

(35/2015).

Heard learned counsel for the accused appellant/applicant,

learned Public Prosecutor and learned counsel representing the

complainant.

The counsel states vehemently and fervently that there is no

material available on record to connect the appellant/applicant to

the heinous crime of murdering the victim. He contends that the

evidence on which reliance was placed by the trial court for

(2 of 3) [CRLAD-256/2020]

convicting the appellant/applicant is highly contradictory and

unreliable. He thus urged that the appellant/applicant deserves

indulgence of bail during pendency of the appeal.

Per contra, learned Pubic Prosecutor as also the counsel

representing the complainant vehemently and fervently opposed

the submissions advanced by counsel for the appellant/applicant

and urged that the first informant had no valid reason to falsely

implicate the appellant/applicant. The informant has given

consistent and reliable evidence that no sooner it came to

knowledge that the victim was unwell he rushed to his house

where the victim was seen in a serious condition. On inquiry she

immediately disclosed that the accused had taken her indecent

pictures which he was threatening to post them on Internet and

using this pressure, he repeatedly subjected the victim to rape.

On the fateful day the accused Girdhari and two more people were

also intending to take liberties with the victim when she

threatened to expose them. For this reason she was brutally

murdered. They further drew Court's attention to the statement of

the Medical Officer PW-16 Dr. Pawan Gupta who noticed as many

as seven external injuries on the body of the deceased. They thus

urged that allegation of forcible rape and murder is fully proved by

the evidence available on record.

We have given our thoughtful consideration to the

submissions advanced at Bar and also perused the impugned

judgment and record. At this stage, we are of the opinion that

considering the nature and seriousness of the allegation and

evidence available on record, the accused does not deserve

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indulgence of bail. Thus the application for suspension of sentence

is dismissed as being devoid of merit.

                                    (PRAKASH GUPTA),J                                              (SANDEEP MEHTA),J

                                   Sandeep Rawat/Rajat-07









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