FARUKH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Farukh moved an application for suspension of sentence on the ground that he is in custody since long and the appeal is not likely to be heard in near future. However, this appeal was set down for final hearing vide order dated 14.5.2004.

(2.) PROSECUTRIX in this case is the daughter of Mohd. Ishak PW-11. In view of the observations made by the Hon'ble Apex Court in State of Karnataka v. Puttaraja, 2004(1) RCR(Criminal) 113 (SC), the name of the prosecutrix is not being disclosed. However, she will be referred to only as the prosecutrix in this case.

(3.) THE appellant has been charged under Section 452/32 IPC and Section 376 by the trial Court. He now stands convicted for the said charges vide impugned judgment of Additional Sessions Judge, Faridabad, dated 20/24.7.2001 and has been sentenced to undergo RI for 10 years under Section 376 IPC and to pay a fine of Rs. 5,000/-, in default of payment of fine, to further undergo RI for six months. Under Section 452 IPC, he has been sentenced to undergo RI for two years and to pay a fine of Rs. 1,000/-, in default of payment of fine, to further undergo RI for two months. However, both the sentences were ordered to run concurrently.