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Judgment
I.A. Nos. 1/2007 and 2/2007
The applications are filed by the accused/Appellant for suspension of sentences and grant of bail, during pendency of this appeal.
Accused/Appellant has been convicted under Sections 376 and 450 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,00,000/-, in default of payment of fine to further undergo R.I. for 5 years and to undergo R.I. for 10 years and to pay a fine of Rs. 10,000/- in default of payment of fine to further undergo R.I. for 2 1/2 years, respectively.
Learned Counsel for the Appellant argued that the prosecutrix, at the time of commission of the alleged crime was aged about 17 years 9 months. She was a consenting party as she lodged the report after 3 months of the incident. She has categorically admitted in her evidence that the accused used to come to their house and used to teach her brother and sister. During that period, he had intercourse with her and thereafter he said that he would marry her. He had physical relations with her continuously 6-7 times. In view of the above facts, the prosecutrix was a consenting party. Learned Counsel submits that moreover the accused was on bail during trial, therefore, he can be enlarged on bail.
On the other hand, Learned Counsel for the State opposed the bail application.
Considering the arguments advanced by Learned Counsel for the Appellant considering the fact that the accused was on bail during trial and considering the fact that the report was lodged with a delay of three months, we are of the considered opinion that it is a fit case in which substantive sentences imposed on Appellant can be suspended. Accordingly, I.A. Nos. 1/2007 and 2/2007 are allowed.
It is directed that substantive sentences imposed on accused/Appellant namely, Hemant Kumar Vaishnav shall remain suspended and he is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety for the like sum to the satisfaction of the trial Court. He shall appear before the trial Court on 21-1-2008 and thereafter shall continue to appear there as and when directed in this behalf by the court concerned till the final disposal of the appeal.
In view of the above I.A. No. 3 stands disposed of.
Sentence Suspended.