(1.) A Division Bench of this Court comprising two of us (Hon'ble Shri Justice P.K. Jaiswal and Hon'ble Shri Justice Virender Singh) while considering the prayer for suspension of custodial sentence under Section 389(1) of the Code of Criminal Procedure, 1973 (for short 'the Code') in Cr.A. No.1248/2005 expressing its reservation to subscribe to the legal proposition made by a co-ordinate Bench (Gwalior Bench) of this Court in Raghuvar Singh @ Raghuveer Singh vs. State of M.P., 2015 2 JabLJ 218, has referred the question of law to be answered by a larger Bench. Pursuant to this Hon'ble the Chief Justice has been pleased to constitute this Bench. The question of law referred to this Bench is as follows :
(2.) A brief conspectus of the facts relevant to unfold the controversy is as under :
(3.) Appellant Dashrath, vide judgment dated 20.06.2005 rendered in S.T. No.15/15 by learned First Additional Sessions Judge, Mandsaur, was convicted for offences punishable under Section 376 & 302 of IPC, 1860 (for short 'the IPC') for subjecting 10 years old girl child to rape and committing her murder. He was ordered to suffer RI for 10 years with fine of Rs.1000/- under Section 376 of IPC and further to suffer life imprisonment and to pay a fine of Rs.500/- under Section 302 of IPC with usual default stipulation.
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