Court Denounces Repeated Attempts to Abuse Judicial Process in Gang Rape Case
In a significant judgment delivered on May 12, 2026, the Delhi High Court dismissed an application filed by Rajan, convicted of gang rape and other offenses, seeking interim suspension of his sentence. Presiding over the case, Justice Chandrasekharan Sudha reprimanded the appellant for repeatedly misusing the judicial process.
Rajan, along with a co-accused, was convicted for gang raping a 14-year-old girl. He was sentenced to 20 years of rigorous imprisonment under Sections 376(2)(g), 342, 506 read with 34 of the Indian Penal Code. The appellant sought suspension of his sentence, claiming he needed to attend to his mother's medical condition, citing her need for surgery due to gall bladder stones.
The High Court highlighted Rajan's habitual filing of applications on similar grounds, noting the lack of bona fides in his approach. Since 2019, Rajan has repeatedly sought interim suspension of his sentence, claiming his mother's medical condition as the reason. Despite several favorable interim orders in the past, Rajan failed to surrender on time, leading the court to conclude that his actions constituted an abuse of the judicial process.
Justice Sudha emphasized the gravity of the offense committed by Rajan and his co-accused, underscoring the seriousness of the crime. The court found no genuine grounds for granting interim suspension and dismissed the application with costs, directing Rajan to deposit Rs. 25,000 to the Delhi High Court Legal Services Committee within a month.
The judgment noted the strategic pattern of Rajan's applications, where he sought extensions on interim suspension by claiming his mother's surgery could not be conducted due to various reasons. The court observed that Rajan's approach was to secure interim orders initially and then request extensions, citing new grounds for delay.
The dismissal serves as a stern reminder of the judicial system's intolerance towards attempts to exploit legal provisions for personal convenience, especially in serious criminal cases. The Delhi High Court's decision reinforces the importance of genuine grounds in seeking judicial relief and stresses the significance of adhering to legal processes.
Rajan's appeal against his conviction remains pending, with the next hearing scheduled for July 13, 2026.
Bottom line:-
Application for interim suspension of sentence filed by appellant convicted of gang rape and other offenses under IPC dismissed due to lack of bona fides and repeated misuse of judicial process.
Statutory Provision(s): Section 389 of the Criminal Procedure Code, 1973, Sections 376(2)(g), 342, 506 read with 34 of the Indian Penal Code, 1860.
