RAJAN Vs. STATE

JUDGEMENT

(1.) This application under Sec. 389 of the Code of Criminal Procedure (the Cr.PC.) has been filed by the appellant, accused No. 1 (A1), in SC No.1345/2016 on the file of the Additional Sessions Judge (ASJ-07, POCSO), Special Court, South-East District, Saket Courts, New Delhi, seeking interim suspension of sentence for 8 weeks to enable him to attend and take care of his mother during her surgery scheduled on 9/5/2026 and her post operative surgery.

(2.) As per the impugned judgment dtd. 30/8/2019, the applicant/appellant herein has been found guilty of the offences punishable under Ss. 376(2)(g), 342, 506 read with 34 of the Indian Penal Code, 1860 (the IPC). Vide the order on sentence dtd. 7/9/2019, he has been sentenced to undergo rigorous imprisonment for a period of 20 years and fine of 30,000 and in default of payment of fine, simple imprisonment of 1 year for the offence punishable under Sec. 376(2)(g) IPC; simple imprisonment of 1 year for the offence punishable under Sec. 342 IPC read with 34 IPC and simple imprisonment of 2 years for the offence punishable under Sec. 506 IPC. The sentences have been directed to run concurrently. Hence, the maximum period of imprisonment to be served is twenty years.

(3.) The prosecution case is that on the intervening night of 21/6/2010 and 22/6/2010, at House No. RZ-316, Tughlakabad Extension, New Delhi, accused no. 1/appellant herein along with accused no. 2, criminally intimidated and, wrongfully confined the victim aged 14 years old and then committed gang rape on her.