The Madhya Pradesh High Court, suspended the sentence awarded to a gang rape convict in view of the period of custody (five years and eight months) and that there is no likelihood of an early hearing of the appeal.
This was observed in the case of PANKAJ @ PRAMOD Vs THE STATE OF MADHYA PRADESH [CRA No. 2373 of 2018], which was presided over by Justice Rohit Arya and Justice Rajeev Kumar Shrivastava
FACTS OF THE CASE
The Appellant had filed a fourth repeat application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail, after the dismissal of three applications.
Appellant stood convicted under Sections 366 and 376(D) of IPC and sentenced to undergo RI for five years with a fine of Rs.5,000/- and RI for 25 years with a fine of Rs.10,000/- respectively with default stipulations vide judgment of conviction and order of sentence dated 25/01/2018 passed by Special Judge (POCSO.
Learned counsel for the appellant while taking exception to the impugned judgment submits that the Special Court has not appreciated the evidence placed on record in correct perspective. Appellant has so far undergone jail incarceration for 5 years and 8 months. Co-accused in the present matter was juvenile who has already been acquitted by the Juvenile Justice Board. The prosecutrix who was more than 16 year’s of age at the time of incident had willingly gone along with the present appellant. It is reflected that the prosecutrix was not willing to come back to her parental home. Appellant was aged about 23 years at the time of incident and has suffered jail incarceration since long. There is no likelihood of early hearing of the appeal in the near future. Under such circumstances, it is submitted by learned counsel for the appellant that considering the age of the appellant and the period of custody he has suffered, appellant may be enlarged on bail.
JUDGEMENT OF THE CASE
The court held that though this Court refrains from commenting upon the rival contentions touching the merits of the case, however, considering the period of custody the appellant has suffered i.e., five years and eight months and the fact that there is no likelihood of early hearing of the appeal, the court grant him bail.
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JUDGEMENT REVIEWED BY VYSHNAVI KRISHNAN.
