Rajbir vs State of Haryana

Naresh Kumar Sanghi, J.—Prayer in this application is for suspension of sentence of the applicant/appellant, Rajbir, who was held guilty for having committed the offences punishable under Sections 363, 366-A and 376, IPC, and ordered to undergo maximum rigorous imprisonment for seven years besides the payment of fine of Rs. 12,000/- and in default thereof, to undergo further rigorous imprisonment for a period of 3- 1/2 months.

Learned counsel contends that though it is the fourth application seeking suspension of sentence of the applicant/appellant Rajbir, but in view of the facts that the applicant/appellant has suffered incarceration for three years and approximately four months; the applicant/appellant had performed the marriage with the prosecutrix and the marriage certificate was produced on record during trial; the doctor who radiologically examined the prosecutrix was very categoric in his deposition that the age of the prosecutrix was between 14 to 17 with the margin of six months on either side; and that the benefit of the same has to be construed in favour of the accused, the applicant deserves the concession of suspended sentence.

Learned counsel for the State has produced the affidavit of the Deputy Superintendent, District Prison, Karnal, showing the period of incarceration suffered by the applicant/appellant, Rajbir, which is taken on record.

Learned counsel for the State though opposed the suspension of sentence of the applicant/appellant but could not justify his grounds. However, he has not denied the factual arguments raised by the learned counsel for the applicant/appellant.

Have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

According to the custody certificate produced on record, the applicant/appellant has suffered incarceration for 03 years, 03 months and 10 days as on 16.05.2014; the applicant/appellant had also produced on record the certificate of marriage solemnized with the prosecutrix; almost half of the substantive sentence has been suffered by the applicant/appellant and the appeal is not likely to be heard and decided in near future.

view of the totality of the facts and circumstances of the case, the present application is allowed and execution of the remaining substantive sentence of the applicant/appellant, Rajbir, s/o Ram Chander, r/o village Jhinwarheri, Police Station, Madhuban, District Karnal, is ordered to be suspended during the pendency of the appeal subject to furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Karnal.