MOHAMMAD SHAHJAD Vs. STATE

JUDGEMENT

(1.) This application has been made on behalf of the appellant for suspension of sentence and grant of bail who has been convicted by the learned trial court under Sections 498A, 313 read with Section 34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a term of 10 years with a fine of Rs.10,000/-.

(2.) It is submitted by counsel for the appellant that there were lacunae in the judgment and the appellant has been wrongly convicted. There were good chances of appellant succeeding in the instant appeal and since hearing of appeal shall take long time, the sentence of the appellant be suspended. The application is opposed by the learned counsel for the State.

(3.) A perusal of the judgment rendered by learned trial court would show that the complainant was married to appellant on 25th August, 1996. She was harassed by appellant for dowry. The appellant seems to have been having illicit relations with one Chahat @ Jahan, a eunuch. In January 2000 complainant was having pregnancy related trouble. The complainant complained that her husband(appellant) with help of other accused Kammo placed some tablets in her vagina for three days resulting into serious problems to her. She was admitted to GTB Hospital where she remained admitted from 24th March, 2000 to 29th March, 2000.