DEVI HEMRAJ NAKUM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by her. The applicant/accused is convicted of the offence punishable under Sec. 114 read with Sec. 376 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for 7 years apart from payment of fine of Rs.2,000.00.

(2.) Heard the learned Advocate appearing for the applicant/accused. She argued that the applicant/accused, only being wife of the coaccused, is falsely implicated in the crime in question with absurd and improbable allegations. The learned Advocate drew my attention to the very first version of the prosecutrix to demonstrate that she alleged that the incident in question took place at the public garden and the perpetrator of the crime was an unknown person. On the very next day of this first version, the prosecutrix again reiterated same version and subsequently, after about one and a half month, the applicant/accused is falsely implicated in the crime in question.

(3.) The learned APP opposed the application by contending that the offence alleged is serious and is duly proved.