BALKAR SINGH Vs. UT OF J&K

JUDGEMENT

(1.) Through this application, the appellant/applicant is seeking suspension of sentence and consequent grant of bail to him till final disposal of main appeal filed by him against the judgment of conviction dtd. 29/9/2021 read with order of sentence dtd. 30/9/2021 passed in the Case no. 32/Session titled "UT of J&K Vs. Balkar Singh" by the Court of learned Principal Additional Sessions Judge, Kathua whereby the appellant/applicant came to be held guilty of commission of offence under sec. 376 of the Ranbir Penal Code and sentenced to suffer rigorous imprisonment of eight (8) years and fine of Rs.10,000.00.

(2.) With the pronouncement of the judgment of conviction and order of sentence on 29/9/2021 and 30/9/2021, the appellant/applicant came to be detained to suffer imprisonment and now for the last more than one year the appellant/applicant is in the conviction custody serving his sentence. Even during the course of trial, the appellant/applicant had remained behind bars on account of his arrest from 27/8/2016 to 3/12/2016. Thus, in total, the appellant/applicant has spent more than one and a half year now of his life time suffering imprisonment in relation to the case. The total sentence served to the appellant/applicant is of eight years.

(3.) The conviction of appellant/applicant has come in the background of the facts and circumstances that the complainant at whose instance FIR no. 70/2016 dtd. 2/8/2016 for the alleged commission of 376 Ranbir Penal Code came to be registered was in a purported state of relationship with the appellant/applicant and it is out of the said state of relationship coupled with assurance of healing the ailment of the complainant that the alleged offence of commission of rape against the complainant came to take place at the hands of appellant/applicant against the complainant-the victim. A reading of the evidence led by the prosecution does reflect a long standing acquaintanceship of the appellant/applicant with the complainant and her family members.