[2025:RJ-JP:28-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2162/2024 In D.B. Criminal Appeal No.267/2023 Kavin @ Sachin Son Of Kedrmal, Aged About 22 Years, Residnet Of Dhani Nihaloth, Police Station Pacheri Kalan, District Jhunjhunu, Rajasthan (At Present Confined In Central Jail, Bikaner) ----Applicant Versus The State Of Rajasthan, Through Its Public Prosecutor ----Respondent For Applicant(s) : Mr. Rajesh Gadwal with Mr. Pushpendra Kumar, Mr. Rajesh Swami & Mr. Waseem Akram For Complainant(s) For State : : Mr. Arafat Hussain on behalf of Ms. Jamila Bano & Ms. Rehana Khan Ms. Aarti Sharma, Deputy G.A. Mr. Amit Punia, Addl. G.A. HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 02/01/2025 1. Accused-applicant has preferred this suspension of sentence application. 2. Heard on suspension of sentence application. 3. It is contended by counsel for the applicant that applicant is young boy aged 19 years, who was not present at the place of occurrence. He has been falsely roped in as an accused. It is contended that recovery of clothes is doubtful as the witnesses [2025:RJ-JP:28-DB] (2 of 3) [SOSA-2162/2024] have stated that applicant was wearing black pant and purple shirt. 4. It is also contended that information under Section 27 of the Indian Evidence Act was recorded on 22.09.2019 and there was delay in recovery as it was effected after 24 hours. It is also contended that recovery of mobile does not point out towards guilt of the accused. 5. Learned Deputy Government Advocate as well as counsel for the complainant have opposed the suspension of sentence application. It is contended that applicant was having illicit relations with the co-accused (his sister-in-law) and both planned the murder. There are call details which shows that applicant was constantly in touch with the co-accused (his sister-in-law). 6. It is also contended that blood stained clothes of the applicant and his blood stained slippers have been recovered, which as per the DNA report is matching with that of the deceased. It is also contended that co-accused has given in writing that she will not have any illicit relations with the applicant. 7. We have considered the contentions. 8. Considering the fact that DNA report, recovery of clothes, weapons of offence and blood stained slippers of the accused matches with that of the deceased. Also considering the call locations and letter written by the co-accused that she will not have any further illicit relations with the accused, we are not inclined to entertain this suspension of sentence application. [2025:RJ-JP:28-DB] (3 of 3) [SOSA-2162/2024] 9. Accordingly, the suspension of sentence application is dismissed. (SHUBHA MEHTA),J (PANKAJ BHANDARI),J MAHIMA/31