RAMKANYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Public Prosecutor on the second application for suspension of sentence moved on behalf of appellant Smt. Ramkanya.

(2.) Learned counsel Mr. Charan submits that period of nearly one year has passed by since the first application for S.O.S. filed on behalf of the applicant was dismissed but till date her appeal has not been listed for hearing. The appellant being a woman is in custody for the last more than one year. He further submits that as per Ex.D-2 the police statement of the prosecutrix, with which she was confronted during cross examination, manifestly, the prosecutrix went away with the principal accused Dinesh of her own accord and the applicant did not accompany them at any point of time. He urges that the charges cannot be sustained against the applicant who has strong grounds so as to assail the impugned judgment. He thus implores the Court to accept the application for suspension of sentence.

(3.) Learned P.P. opposed the submissions advanced by the applicant's counsel Mr. Charan. However, he candidly concedes that in the police statement (Ex.D-2) of the prosecutrix with which she was pertinently confronted in cross examination, she categorically admitted that she went away with the principal accused Dinesh after receiving his call and the applicant stayed behind.