ABDUL WAHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant-applicant and the Public Prosecutor for the State. Perused the judgment and order impugned of the court below as well as the record of the trial court.

(2.) Admit. Issue notice. Mr. JPS Chaudhary, Public Prosecutor, accepts the notice for the respondent-State. Heard on the application for suspension of sentence. Learned counsel for the appellant-applicant submits that the age of the prosecutrix, at the relevant time of the occurrence, was more than 17 years and the trial Court also concluded that she was above 16 years of age. Learned counsel submits that the letter written by the prosecutrix to the appellant-applicant is on record as EX.D/7.

(3.) Having considered the totality of the facts and circumstances of the case and the oral arguments advanced by the learned counsel for the parties, without commenting on the merit of the case, which may prejudice the case of either of the parties, I think is just and proper to suspend the substantive sentence of imprisonment awarded to the appellant-applicant.