GHANSHAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this application is for suspension of sentence of the applicant-appellant, Ghansham, son of Ram Khilawan, resident of L.P. Ka Purwa, Police Station, Subeha, District Hodargarh, Uttar Pradesh, who has been held guilty for the offences punishable under Sections 363, 366 and 376 IPC, and sentenced to undergo the following sentences:- <FRM>JUDGEMENT_627_LAWS(P&H)5_2013_1.html</FRM>

(2.) Learned counsel contends that the matter was reported to the police after about 4 months of the alleged kidnapping of the prosecutrix. He further submits that the applicant-appellant has suffered incarceration for approximately three years and two months. He further submits that there are fairly arguable points in the appeal and the same is not likely to be heard and decided in near future.

(3.) Learned counsel for the State has produced the affidavit of Superintendent, Central Jail, Patiala, showing the period of incarceration suffered by the applicant-appellant, Ghansham, which is taken on record. Learned counsel for the State submits that the prosecutrix was minor at the time of alleged occurrence, therefore, the applicant-appellant is not entitled to the benefit of suspended sentence.