Binder Singh @ Dogar vs State of Haryana

Jaswant Singh, J.—Prayer is u/s 389 Cr.PC for suspension of sentence on behalf of the applicant-Appellant who has been convicted and sentenced to undergo rigorous imprisonment for a period of seven years with fine of Rs. 3000/-for offence punishable u/s 363 IPC and in default of payment of fine he shall further undergo rigorous imprisonment for 1-1/2 years; further sentenced to undergo rigorous imprisonment for a period of seven years with fine of Rs. 2000/-for offence punishable u/s 366 IPC and in default of payment of fine he shall further undergo rigorous imprisonment for a period of 1-1/2 years and is further sentenced to undergo rigorous imprisonment for a period of ten years with fine of Rs. 5000/-for offence punishable u/s 376 of Indian Penal Code and in default of payment of fine he shall further undergo RI for 2-1/2 years.

Learned Counsel for the applicant-Appellant submits that the applicant-Appellant is in custody since 6.2.2010 and has undergone custody period of one year and 6 months only.

The allegations against the applicant-Appellant are that he had committed rape upon a girl who was less than 16 years of age at the time of occurrence for which he has been sentenced for a maximum sentence of ten years.

After hearing the learned Counsel for the parties and keeping in view the custody period of the applicant-Appellant, I do not find any ground to suspend the sentence of the applicant-Appellant Binder Singh.

Dismissed.