Sonu @ Rajbir and Another vs State of Haryana

Augustine George Masih, J.—Prayer in the present application is for suspension of sentence during the pendency of the appeal on behalf of applicant-Appellant No. 1 Sonu @ Rajbir.

Counsel for the Appellant contends that the Appellant was about 19 years of age when the alleged offence was committed by him. He contends that he has been sentenced u/s 376 of Indian Penal Code for 10 years rigorous imprisonment and out of that, he has undergone more than 4 1/2 years of the sentence. His further contention is that as per the medico legal report, there was no injury found on the person of prosecutrix and she was 17 years of age. He contends that the case is of a consented sex and, therefore, offence u/s 376 IPC would not be made out. He contends that the appeal is not likely to be heard soon, therefore, the sentence of the Appellant may be suspended during the pendency of the appeal.

Counsel for the Respondent-State could not rebut the contention as raised by the counsel for the Petitioner. He, however, contends that a serious offence has been committed by the applicant-Appellant, therefore, the concession of suspension of sentence should not be granted to him.

I have heard counsel for the parties and have gone through the record of the case.

In view of the submissions as have been made by the counsel for the Appellant, with reference to the medico legal report of the prosecutrix as also keeping in view the fact that Appellant has undergone 4 1/2 years of the sentence and appeal is not likely to be heard soon, the prayer made in the application is allowed. The sentence of the applicant-Appellant is suspended during the pendency of the appeal. He shall be released on bail to the satisfaction of Chief Judicial Magistrate, Bhiwani.