SARAMODH Vs. STATE OF GOA

JUDGEMENT

(1.) This is an application for suspension of sentence imposed by the learned Additional Sessions Judge, FTC-I, South Goa, Margao. The Appellant is convicted for various offences under Sec. 370(1), Ss. 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956. The Applicant was arrested on 6/2/2021. So far as the sentences under Ss. 3, 4, 5 and 7 is concerned, the Applicant has already undergone the same since the Applicant is in custody for more than two years. The Applicant is convicted to undergo Simple Imprisonment of eight years for the offence punishable under Sec. 370(1) of the Indian Penal Code (IPC).

(2.) The Applicant was not on bail during the trial. Learned Additional Public Prosecutor vehemently opposed the application. It is submitted that the substantive sentence imposed is eight years Simple Imprisonment of which the Applicant has undergone only two years. It is further submitted that the Trial Court was not justified in merely concluding that the present is an offence which falls under Sec. 370(1) of the IPC when in fact, on the basis of the evidence on record, the Applicant should have been held guilty for the offence under Sec. 370(3) of the IPC. So far as Sec. 370(1) of IPC is concerned, while recording a finding that the charge under Sec. 370 of IPC stands proved against the Applicant, the Trial Court has held thus :

(3.) The learned Additional Public Prosecutor invited my attention to the evidence of Pw.3 to support his contention that the Trial Court is justified in recording the finding. This is without prejudice to his plea that present is a case where Sec. 370(3) is impacted.