RAKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer made in this application is for suspension of sentence of applicant/appellant No.2-Laxman son of Beghraj, who had been held guilty for the offences punishable under Sections 376(2)(g), 307, 325, 506 read with Section 34, IPC and was sentenced to undergo rigorous imprisonment for ten years under Section 376(2)(g) in addition to various terms of lesser imprisonment for other offences. All the sentences were ordered to run concurrently.

(2.) Learned counsel for the applicant contends that the alleged occurrence had taken place on 12.03.2007 while the matter was reported to the police on 16.03.2007. He further submits that on 12.03.2007, the prosecutrix was taken to the Civil Hospital at Rewari where she was medico-legal examined and admitted in the hospital for treatment of the injuries on her legs. He further submits that the prosecutrix and her father (complainant) stated to the doctor (PW-9) that the prosecutrix was sitting in a room at the first floor wherefrom she fell down due to collapse of room, as a result of which, the prosecutrix sustained injuries. Learned counsel further contends that perusal of the statement of PW-9, Dr.Anil Kumar of the Civil Hospital, Rewari, would reveal that there were no signs of sexual intercourse with the prosecutrix on the said date. He further contends that out of the maximum awarded sentence of 10 years, the applicant/appellant, Laxman, has suffered incarceration for more than five years. He also contends that there are fairly arguable points in the appeal. He further contends that co-accused of the applicant has already been granted the benefit of suspended sentence vide order dated 25.07.2012.

(3.) Learned counsel for the State has produced the affidavit of Shamsher Singh Dahiya, Superintendent of Jail, Rewari, showing the custody period undergone by the applicant/appellant, Laxman, which is taken on record. Learned counsel for the State has vehemently opposed the suspension of sentence of the applicant/appellant, Laxman, on the ground that he had committed a heinous crime, therefore, his request for suspension of his sentence be declined.