AMIT KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This interlocutory application has been preferred by the appellant under Section 389 of the Code of Criminal Procedure for suspension of sentence awarded to him by the Additional Judicial Commissioner FTC (Crime Against Women) at Ranchi in Session Trial No. 77 of 2009, corresponding to T.R. No. 217 of 2013, whereby this appellant has been convicted for life imprisonment mainly for the offence punishable under Sections 376, 302 and 201 of the Indian Penal Code.

(2.) Having heard learned counsel for both the sides and looking to the evidences on record, specially depositions given by P.W.-1 to be read with the depositions given by P.W.-5 and P.W.-7 there is prima facie case against this appellant-accused. Moreover, looking to the depositions given by P.W.-9 and P.W.-10, there is enough corroboration to the depositions given by P.W.-1, P.W.-5 and P.W.-7 and there is enough corroboration to the depositions given by the other prosecution witnesses. There is recovery of undergarments of the deceased at the behest of this appellant hence we are not inclined to suspend the sentence awarded to this appellant by the trial court.

(3.) Previously also the prayer for suspension of sentence has been rejected by a detailed speaking order dated 18.09.2014 and there is no change whatsoever, except efflux of time.