KAILASHWATI Vs. BALBIR SINGH

JUDGEMENT

(1.) This application under Section 389 Cr.P.C. has been made, for suspension of sentence, by the appellant, who has been convicted under Section 376 read with Section 506 IPC. The appellant was sentenced to 12 years imprisonment and a fine of Rs.10,000/- by the Trial Court. It is submitted by the counsel for appellant that the appellant was in custody for more than 06 years including remission period. He was granted interim bail twice in July, 2006 and October, 2006 by this Court and he did not misuse the bail.

(2.) The counsel for appellant has relied upon Akhtari Bi (SMT) v. State of MP (2001)4 SCC 355 , Harbhajan Singh and Ors. v. The State of Punjab 1977 Crl.L.J. 1424 and Bhagwan Rama Shinde Gosai and Ors. v. State of Gujarat (1999) 4 SCC 421 to impress upon the Court that since he had already undergone half of the sentence and there was no likelihood of appeal being heard, his sentence should be suspended.

(3.) A perusal of record would show that appellant was convicted for committing a rape of child aged about 06 years and he was sentenced to 12 years imprisonment. A perusal of judgment shows that trial court had considered all the aspects and the judgment was based on cogent reasons. Suffice it to say that this application of the appellant cannot be entertained by analyzing the evidence at this stage considering the heinousness of the crime and the victim being a child of 06 years of age. I consider it would not be appropriate to suspend the sentence. I find support for the view that heinousness of the crime and the circumstances of the case are to considered for suspending the sentence, from the judgment of Supreme Court in case Gomti v. Thakurdas and Ors. 2007 Crl.L.J. 2431 wherein Supreme Court observed as under: