RAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for suspension of sentence has been filed by the appellant, who has been convicted by the Trial Court for the offences under Ss. 376(2)(n) and 376-D of IPC and has been awarded sentence as under:-

(2.) Learned Counsel for the appellant argued that the story projected by the victim does not appear to be reliable and appeal to prudence. Inviting Court's attention towards the backdrop facts, learned Counsel highlighted that as per the testimony of victim, immediately after the sexual assault by the appellant and his friends, her uncle (Tau) had come on the terrace; whereafter he fell down or he was pushed down and it was after the uncle fell down, she was taken to a third place and gang raped, is totally false and unbelievable.

(3.) He submitted that after investigation the police did not find any offence under Sec. 302 made out against the present appellant or against any of the co-accused persons and even her allegation that her uncle was pushed down has not been found correct. He argued that the story as projected and deposed by the prosecutrix in her Court statement is unbelievable and the accusation of gang rape against the present appellant is absolutely baseless, particularly when the uncle and his wife (Tau and Tai) were living in the same house.