SONI ALIAS SURESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in this application is to suspend the sentence awarded to applicant-appellant No.1 (Soni @ Suresh ). Vide judgment and order dated 26.8.2006, the applicant-appellant No.1 though has been acquitted of the charge under Section 376 IPC, but he has been convicted under Section 366 IPC and sentenced to undergo rigorous imprisonment for 5 years.

(2.) The applicant-appellant No.1 has already undergone actual sentence of 7 months. As per the undisputed facts on record, the prosecutrix was born on 3.5.1984. The occurrence took place on 9.5.2002. She was, thus, more than 18 years of age at the time of occurrence. The applicant-appellant No.1 has been acquitted of the charge under Section 376 IPC by the learned trial Court after holding that the prosecutrix was a consenting party. Learned counsel for the applicant-appellant No.1 has also read out the deposition made by the father of the prosecutrix wherein it is stated

(3.) that now she is married and happily settled. Considering all the attending circumstances and keeping in view the fact that the appeal is of the year 2006 and is not likely to be taken up for final disposal in the near future, the sentence awarded to the applicant-appellant No.1 is ordered to be suspended and he is directed to be released on bail to the satisfaction of the Chief Judicial Magistrate, Hisar.