DEEPAK SHARMA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Applicant-appellant has laid this application for suspension of sentence under Section 389 Cr.P.C. with prayer to suspend sentence awarded by learned Addl. Sessions Judge (Women Atrocities Cases), Udaipur (for short, 'learned trial Court'), vide its judgment dated 6th of March, 2017. Learned trial Court by the impugned judgment indicted applicant for offence under Section 384 IPC and handed down sentence of three years' rigorous imprisonment with fine of Rs.5,000/- and in default of payment of fine to undergo simple imprisonment for three months and, for offence under Section 376 IPC, ten years' rigorous imprisonment with fine of Rs.20,000/- and in default of payment of fine to undergo six months' simple imprisonment. Likewise for offence under Section 67 of the Information & Technology Act , the applicant was sentenced three years' rigorous imprisonment with fine of Rs.20,000/- and in default of payment of fine to undergo six months' simple imprisonment.

(2.) It is argued by learned counsel for the applicant that statements of prosecutrix are not inspiring confidence so as to prove offence of rape. Learned counsel submits that evidence and materials available on record have not been properly examined by learned trial Court to indict applicant for offence under Section 384 IPC inasmuch as nothing was recovered from him and as per medical report of the prosecutrix also, she has not suffered any injury. While referring to offence under Section 67 of the Information & Technology Act , learned counsel submits that no incriminating material is recovered from the applicant, therefore, conviction of applicant for the said offence is also under serious cloud. Lastly, learned counsel submits that the applicant is in custody since 15th of December, 2015 and final adjudication of the appeal is likely to take considerable time, therefore, in the backdrop of facts and circumstances of the case, sentence handed down by the learned trail Court may be suspended.

(3.) Learned Public Prosecutor has opposed the application for suspension of sentence.