SAHAB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(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 the appellant has remained in custody for a period of more than six years. There is delay of three days in lodging of FIR. The samples which were drawn were not deposited in the malkhana and it is only after the arrest of the accused-appellant that the samples were sent to the FSL. It is also contended that it is a clear case of false implication for the very reason that the incident is said to have been taken place on 19/11/2016. Vaginal swab and vaginal smear was taken on 23/11/2016. In the report with regard to vaginal swab and vaginal smear, no human semen was detected. It is also contended that the underwear of the victim was recovered after arrest of accused on 17/12/2016, therefore, the DNA report loses its significance as the recovery of the underwear was made after a month of occurrence. It is also contended that there was a rivalry between the parties with regard to some amount and mother of the victim had threatened the appellant of lodging a false case. It is also further that medical report also does not support the prosecution version, rather it makes the case of prosecution false.