Excelsior Correspondent
JAMMU, Aug 7: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Mohan Lal today held that there shall be no suspension of sentence unless convict has fair chance of acquittal re-appreciating evidence.
This significant order has been passed in a petition filed by Rakesh Kumar seeking suspension of his sentence and release on bail in case FIR No. 11/2012 of Police Station Channi Himmat Jammu, wherein, 3rd Addl. Sessions Judge Jammu (Fast Track Court) vide it’s judgment of conviction and order of sentence dated 15.03.2018 read with 17.03.2018 after finding appellant/accused guilty for commission of offence of rape of a minor girl awarded sentence of life imprisonment and imposed fine of Rs 50000.
After hearing Senior Advocate O P Thakur for the petitioner whereas AAG Amit Gupta for the UT, DB observed, “the prosecutrix (victim of the crime) belongs to a poor family of rural area and her cry for justice cannot be ignored, as by the crime committed by appellant/ convict the prosecutrix has suffered physical agony and mental trauma which is incalculable”.
“Offence of rape is grave in nature and is most hated crime against the society. Earlier bail application of appellant/convict has been rejected by this court vide order dated 17.03.2022. Without appreciating the prosecution evidence at this stage of deciding the application for suspension of sentence under Section 389 CrPC and grant of bail to appellant/convict, we are of the considered opinion that there is nothing apparent or gross on the face of the record of the case from which this court can arrive at a prima-facie satisfaction that the conviction against appellant/convict is not sustainable and ultimately the appellant/convict has fair chances of acquittal”, the DB said.
“The nominal rolls/custody certificate issued by Superintendent District Jail Amphalla Jammu depict that the appellant has served imprisonment of 11 years and 6 days till 03.02.2023. We hold that appellant/convict at this stage has miserably failed to carve out a strong case for suspension of sentence and his release on bail”, the DB said, adding “the application for suspension of sentence and release of appellant/convict on bail therefore being misconceived under law is disallowed, rejected and dismissed”.
Follow our WhatsApp channel