AI Structured Summary
Not yet generated for this judgment
Judgment
Heard on I.A.No.5635/2020, which is an application for urgent hearing of the case during the lock down period.
On due consideration of the reasons stated in the application, the same is allowed.
I.A.No.5634/2020 is taken up.
This is the fourth application under Section 389(1) of Cr.P.C for suspension of custodial sentence of appellant Deepak, who has been awarded life imprisonment along with other term imprisonments for the offences punishable under Sections 363,366, 376 of IPC and 3/ 4 of the POCSO Act.
Earlier his first application for suspension was dismissed on 6.4.2017, second was dismissed on 25.4.2018 & third was dismissed as withdrawn on 11.11.2019.
The sole ground taken for suspension is period of custody. Reliance has been placed on judgment reported in (2018) 11 SCC 196 (Mithu Pasi and another Vs. State of Jharkhand). It is submitted that the appellant has completed half of the sentence awarded. But Mithu's case (supra) is distinguishable on facts as in that case the conviction was under Section 326 of Cr.P.C and the incident was 19 year old.
Considering the allegations made against the appellant and the evidence produced by the prosecution, I am not inclined to allow the suspension.
I.A.No. 5634/2020 is dismissed accordingly.