RAJBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER in this application is for suspension of sentence of the applicant/appellant, Rajbir, who was held guilty for having committed the offences punishable under Sections 363, 366 -A and 376, IPC, and ordered to undergo maximum rigorous imprisonment for seven years besides the payment of fine of Rs. 12,000/ - and in default thereof, to undergo further rigorous imprisonment for a period of 3 - 1/2 months.

(2.) LEARNED counsel contends that though it is the fourth application seeking suspension of sentence of the applicant/appellant Rajbir, but in view of the facts that the applicant/appellant has suffered incarceration for three years and approximately four months; the applicant/appellant had performed the marriage with the prosecutrix and the marriage certificate was produced on record during trial; the doctor who radiologically examined the prosecutrix was very categoric in his deposition that the age of the prosecutrix was between 14 to 17 with the margin of six months on either side; and that the benefit of the same has to be construed in favour of the accused, the applicant deserves the concession of suspended sentence.

(3.) LEARNED counsel for the State though opposed the suspension of sentence of the applicant/appellant but could not justify his grounds. However, he has not denied the factual arguments raised by the learned counsel for the applicant/appellant.