SANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present application has been filed on behalf of applicant-appellant Sandeep Singh for suspension of sentence during the pendency of the appeal.

(2.) Notice in the application was issued on 27th Sept., 2010.

(3.) Learned counsel for applicant-appellant submits that appellant has falsely been implicated in the case and only allegation against the applicant is that the prosecutrix was kidnapped from her lawful guardianship. Initially, no allegation of rape was levelled by the prosecutrix in the statement recorded under Sec. 161 Code Criminal Procedure There is no evidence of rape and no case is made out under Sec. 376 Indian Penal Code as per statement of prosecutrix as well as medical evidence. As per statement of prosecutrix, while appearing as PW5 in the Court, she has stated that she was a student of 102 Class at Guru Ram Dass Public School, Patiala and was 19 years of age. Even a categoric finding has been given by the trial Court that the age of the prosecutrix was more than 19 years and there was no reliable medical evidence to convict the applicant under Sections 366/376 Indian Penal Code. Learned counsel for the applicant-appellant also submits that Dr.Sandeep Kaur PW-2 who medico-legally examined the prosecutrix on 1st July, 2008 gave an opinion that no sexual intercourse had taken place and only the opinion was given on the basis of report Exhibit PG issued by the Department of Gynecologist that no fresh bleeding was there and as such the opinion given by the doctor does not convey any positive indication that it was a case of rape. At the most, it appears to be a case of consent. The applicant-appellant remained on bail during trial and he never misused the concession of bail in any manner. He is in custody since 6th May, 2010.