LAWS(P&H)-2016-6-20

MANDIP KAUR Vs. STATE OF PUNJAB

Decided On June 02, 2016
MANDIP KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) CRM No.18267 of 2016 Allowed as prayed for. Annexure P -5 is taken on record. CRM No.8193 of 2016 This is an application under Section 389 Cr.P.C. praying for suspension of sentence of applicant/appellant No.1 -Mandip Kaur, who has been convicted and sentenced to undergo RI for life in case FIR No.29 dated 22.06.2010 registered under Sections 363, 364, 368 and 120 -B IPC at Police Station Thermal, District Bathinda.

(2.) Learned counsel for the applicant contends that the prosecution story is highly doubtful as there is a previous enmity between the parties.

(3.) The victim is alleged to have been abducted by the applicant, who was a college going girl living in hostel. Though it is said to be a case of blind dating but it transpires that families of both the victim and the applicant were known to each other with the history of previous enmity. It is also undisputed that the victim was recovered after having been allegedly abandoned by his kidnappers but was out of his senses. There does appear to be a touch of improbability in the entire prosecution story but we are not inclined to comment any further at this stage as the same could CRA No.D -1309 -DB of 2014 prejudice the ultimate result in the appeal.