AIROnline 2025 SC 706

Supreme Court Of India

(From : Rajasthan)

Hon'ble Judge(s): B. V. Nagarathna, K. V. Viswanathan , JJ

Criminal P.C. (2 of 1974) , S.389— Appeal against conviction - Suspension of sentence and grant of bail - Legality of - Heinous offence - Prosecutrix had stated that convict, at gunpoint, closed her mouth and forcibly took her to a house and committed rape on her - Medical evidence only indicated that no conclusive opinion about crime could be given since FSL Report was awaited - Same did not mean that ocular evidence could be ignored - Prosecution had explained non-availability of FSL report and Trial Court had also found that non-availability of DNA Report did not adversely affect case of prosecution - Observation of High Court that no sexual assault was found, without considering the overall nature of the evidence of the case, was untenable - Reasoning of High Court that despite availability of washrooms in the house, it was difficult to believe that prosecutrix would go out for toilet, was conjectural in nature - 11 cases were registered against convict out of which he was acquitted in 5 cases and 6 were pending - A convict, punished for heinous offence was enlarged on bail after suspending sentence by the High Court, without properly considering parameters required u/S. 389 of Cr.P.C.- Order of High Court was set aside. S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 852 of 2024 in S.B. Criminal Appeal No. 397 of 2024,D/-03-09-2024 (RAJ)-ReversedAIR 2015 SC (....