DHARAMBIR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The application filed under Section 389 of the Criminal Procedure Code, 1973 prays for suspension of sentence of applicant-appellant Dharambir in a case under Section 376 of the Indian Penal Code wherein the applicant has been sentenced to undergo seven years rigorous imprisonment. The applicant has already undergone more than three years and five months of actual sentence. It also transpires that the prosecutrix was 17 years of age on the date of incident.

(2.) Considering the undergone period; age of the prosecutrix and the fact that final hearing of the appeal is likely to take considerable time; application is allowed.

(3.) Sentence of the applicant shall remain suspended during pendency of the appeal.