IQBAL KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Public Prosecutor on application for suspension of sentence.

(2.) It is submitted by the learned counsel for the appellant that the trial court has failed to consider the evidence available on record. The trial Court while acquitting the accused appellant to the offence under Ss. 363 and 376 of IPC, convicted the accused appellant for the offences under Sec. 366, 376/511 IPC, which is not tenable on the material available on record. During trial, the applicant was enlarged on bail by this Hon'ble Court vide order dtd. 6/7/2017 in S.B. Criminal Misc. Bail Application No. 4662/2017.

(3.) Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused petitioner.