KEWAL KRISHAN Vs. STATE OF J&K

JUDGEMENT

(1.) In the instant application, filed under Section 426 of Code of Criminal Procedure, the applicant/appellant inter alia seeks suspension of conviction/ sentence awarded by the learned Principal Sessions Judge, Reasi vide judgment/order dated 15.02.2018/16.02.2018 respectively in File No.32/Sessions under Section 376/323 RPC in FIR No.111/2014, registered at Police Station, Reasi.

(2.) In the application, it has been stated that the appellant/applicant has filed the accompanying appeal against the judgment of conviction/ order of sentence dated 15th February, 2018/16th February, 2018 respectively for commission of offence under Sections 376/323 RPC, whereby he has been sentenced for imprisonment for a period of eight years and fine of Rs. 10,000/-. It is further stated that the judgment of conviction passed by the Court below suffers from various illegalities, inasmuch as, no offence under Sections 376/323 RPC has been proved against the appellant, yet the appellant has been convicted and sentenced for commission of offence under Sections 376/323 RPC by the learned Court below without proper appreciation of evidence and law.

(3.) It is also stated in the instant application that though the yardsticks and factors for suspending the sentence and conviction are distinct, yet in a case, where on account of the non-suspension of conviction serious consequences are bound to result, appellant is a young person having four minor daughters, who are totally dependent on the earning of the appellant as labourer and there is no likelihood of hearing the appeal finally in near future because of the heavy pendency of the cases in the Court. Since the appellant, who was on bail during the trial never misused the concession of bail. Therefore, the conviction and sentence are required to be stayed. Even the sentence imposed upon the appellant is required to be suspended for the reasons that there are serious infirmities in the impugned judgment inasmuch as the appellant has been convicted by the Court below despite the fact that none of the witnesses has corroborated and the prosecution has failed to prove the guilt of the accused beyond any reasonable doubt.