SUNIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Applicant-appellant has laid this application under Section 389 Cr.P.C seeking suspension of sentence awarded by learned trial Court by impugned judgment dated 25th of October, 2017.

(2.) Learned trial Court by the impugned judgment convicted applicant for offence under Sections 366 and 376 IPC and handed down maximum sentence of seven years imprisonment with fine. Though applicant was also charged for offences under Section 363 IPC and Section 3/4 of the POCSO Act, but learned trial Court has acquitted him for said offence.

(3.) It is argued by learned counsel that out of maximum sentence of seven years' rigorous imprisonment, applicant has already undergone sentence for more than three years and three months and he is in custody since 7th of November, 2014. Learned counsel further submits that there are serious contradictions and inconsistencies in the statement of prosecutrix as well as other witnesses. Learned counsel has also argued that prima facie putting the prosecutrix under fear at a public place by the applicant appears to be inherently improbable. As a matter of fact, it was a case of consent of the prosecutrix. It is also argued by learned counsel that earlier also prosecutrix has eloped with the applicant but no report was lodged by her family members further strengthens the case of applicant that both of them were having consensual courtship and physical relationship. With all these submissions, learned counsel has urged that long period of custody of the applicant merits consideration for suspension of sentence.