SUNDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this criminal miscellaneous application, filed under Section 389, Cr.P.C., is for suspension of sentence of the applicant appellant, Sunder, who was held guilty for having committed the offences punishable under Sections 366, 376, 506, IPC and Section 3(xi) & (xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and ordered to undergo the following sentences:- <FRM>JUDGEMENT_652_LAWS(P&H)11_2013_1.html</FRM>

(2.) All the sentences were ordered to run concurrently.

(3.) Learned counsel contends that there are fairly arguable points in the appeal; the prosecutrix was more than 20 years of age and she Criminal Misc.No.46903 of 2013 in visited various places in the company of the applicantappellant, but did not lodge her protest to anyone; from the material available on record it has conclusively been proved by the defence that it was a case of consent; and that the applicant- appellant has suffered incarceration for approximately two years out of the maximum awarded substantive sentence of 7 years.