GULAB LALMA PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and releasing the applicant/convicted accused on bail during pendency of appeal filed by him. He is convicted of the offences punishable under Sections 376 and 452 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and three years respectively on both counts. The substantive sentences are directed run concurrently by the learned trial Court.

(2.) Heard the learned Counsel appearing for the applicant/accused. He drew my attention to evidence of alleged victim of the crime in question and argued that cross-examination of the victim goes to show that she was resident of slum which was a deeply populous area. It is further argued that theory of consent was propounded and it is brought on record that during the entire incident the victim has not raised any hue and cry. The learned Counsel appearing for the applicant/accused also argued that subsequently brothers of the alleged victim had beaten the applicant/accused black and blue which required the applicant/ accused to hospitalize for a period of five days. With this, it is argued that the applicant/convicted accused needs to be released on bail.

(3.) The learned Additional Public Prosecutor opposed the application by pointing out statement of victim and argued that there is no reason to disbelieve the version of the victim of the crime in question in respect of the incident in question and considering the nature of offence, the applicant does not deserve to be released on bail.