NK MADHU SUDAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application for suspension of sentence of conviction ordered by the General Court Martial on 5/9/2021.

(2.) Learned counsel for the petitioner would submit that the petitioner has been convicted for commission of offence punishable under sec. 69 of the Army Act read with Sec. 10 of the POCSO Act.

(3.) He would submit that the conviction was ordered on 5/9/2021 and by that time, he had undergone almost one year of pre trial detention. Though he has preferred an appeal after his conviction, which remained pending and till date, it has not been decided. In this manner, without there being a decision on appeal, the petitioner has undergone more than three years and three months out of five years of jail sentence awarded to him. He would further submit that the appeal has not been decided and the application for suspension of sentence has also been rejected. Therefore in such circumstances, only on the ground that the petitioner had undergone more than half of the jail sentence awarded to him, application for suspension of sentence ought to be allowed by the Armed Forces Tribunal.