Rajender Gupta v. State of NCT of Delhi

Delhi High Court · 22 Nov 2010 · 2010:DHC:5612
Shiv Narayan Dhingra
Crl. M. (Bail) No. 1110 of 2010 in Crl. A. No. 936 of 2010
2010:DHC:5612
criminal petition_dismissed

AI Summary

The court dismissed the application for suspension of sentence and bail in a rape case involving a visually impaired victim, emphasizing the heinous nature of the crime and justifying the delay in FIR.

Full Text
Translation output
Crl. M. (Bail) No. 1110 of 2010 in Crl. A. No. 936 of 2010
HIGH COURT OF DELHI
Date of Reserve: 2nd November, 2010
Date of Order: 22nd November, 2010 Crl. M. (Bail) No. 1110 of 2010 in Crl. A. No. 936 of 2010
22.11.2010 RAJENDER GUPTA ... Appellant
Through: Ms M. Sahoo, Advocate
VERSUS
STATE OF NCT OF DELHI ... Respondents
Through: Mr. Sunil Sharma, APP JUSTICE SHIV NARAYAN DHINGRA
JUDGMENT

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

1. This application is for suspension of sentence and grant of bail to the applicant who has been convicted under Section 376/506/342 IPC and sentenced to 10 years imprisonment.

2. The victim of the applicant is a visually impaired girl who was living in the hostel, where the applicant was Secretary. Counsel for the applicant submitted that there was delay of about two weeks in lodging the FIR. However, this aspect has been considered by the Trial Court and there were good reasons for the victim for lodging the FIR after this period, as she was in virtual confinement in the hostel. 2010:DHC:5612 Crl. M. (Bail) No. 1110 of 2010 in Crl. A. No. 936 of 2010

3. Considering the heinousness of the crime of the applicant on prosecutrix, I find it not a fit case for suspension of sentence. The application is dismissed. Crl. A. No. 936 of 2010 List this appeal for hearing in the category of ‘Regulars’ at its own turn.

SHIV NARAYAN DHINGRA, J. NOVEMBER 22, 2010 acm